IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39377 of 2009 1. JAWAHIR YADAV, son of late Rajharan Yadav 2. RAMDHANI YADAV, son of late Rajharan Yadav .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 18.11.2009 Heard the counsel for the petitioners, the State and the informant. 2. The petitioners seek bail in a case instituted under Sections 364, 120B and 34 of the Indian Penal Code later on Section 302 of the Indian Penal Code was also added. 3. The submission is that the petitioners’ grand father had instituted a case against Fulena Bind and few others for having committed the murder of his three sons, including the father of the present petitioners numbered as Bairiya P.S. Case No. 92 of 2007 and, thereafter, the present case has been instituted by the ‘sala’ of the said Fulena Bind so the present petitioners who are witnesses in the said case do not depose against them. 4. Taking into consideration the aforesaid submission, let the petitioners, above named, who are in custody since 09.04.2009 and against whom there is no 2 specific overt act, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Sessions Trial No. 355 of 2009 arising out of Bairiya P.S. Case No. 3 of 2008 to the satisfaction of the Additional Sessions Judge, I, Bettiah, West Champaran, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and (ii) that the petitioners will be well represented on each date and if he/they fail(s) to do so on two consecutive dates, his/their bail will be liable to be cancelled. 5. The learned lawyer for the informant submits that the petitioners are powerful persons and will somehow or the other will try to delay the trial so the trial Court will be very watchful on this count and if any complaint is made about the conduct or the appearance of the present petitioners immediate steps will be taken so that the course of justice is not frustrated. S.A. (Anjana Prakash, J.)