IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27228 of 2010 1. CHARITAR YADAV, SON OF LATE NAND LAL YADAV 2. RAJ NANDAN YADAV, SON OF BAHARO YADAV Versus STATE OF BIHAR with Cr.Misc. No.27221 of 2010 ARJUN YADAV, SON OF SRI SUKHDEO YADAV Versus STATE OF BIHAR ----------- 2. 12.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 307, 427 of the Indian Penal Code, Sections 150, 151 of Railway Act, Sections ¾ of Explosive Substance Act and Sections 17 of CLA Act. Considering that the petitioners’ name transpired in the confessional statement of the co-accused and they have no criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate/Special Railway Magistrate, Gaya, in G.R.P.S Case No. 52 of 2010 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the father/brother/mother of the petitioners. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii)That the affidavit 2 shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv)That the petitioners will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate before releasing the petitioners on bail. S.Ali ( Anjana Prakash, J.)