IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12750 of 2010 1. SIKANDAR YADAV. 2. Prakash Yadav. Both are sons of Bhagwat Yadav. Versus THE STATE OF BIHAR ----------- 02. 26.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code and subsequently Sections 25(1-B) A, 27 and 35 of the Arms Act. The prosecution case is that the accused persons variously assaulted the informant and the deceased on account of which the deceased died later during treatment. The submission is that the accused persons are said to have assaulted with butt of guns and therefore the intention of the accused persons were certainly not to commit murder of the injured. In view of such, let the petitioners, above named who are in custody since 02.11.2009 and have no criminal antecedents be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the 2 satisfaction of Additional Sessions Judge, F.T.C.-V, Banka in connection with S.Tr. No. 1212 of 2009 arising out of Amarpur P.S. Case No. 155 of 2009 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit 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 petitioners will give an undertaking that they 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) 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. Vikash/- (Anjana Prakash, J.)