IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22510 of 2010 SHIV RAWANI SON OF KAUTU PRASAD @ KANTA Versus STATE OF BIHAR With Cr.Misc. No.28281 of 2010 JATHA YADAV @ RAJU YADAV SON OF TALKESHWAR YADAV Versus STATE OF BIHAR ----------- 3. 19.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Considering that the petitioners are only suspected to have committed this occurrence on account of the confessional statement of the co-accused and there is no other cogent material against them, let the petitioners above named, who are in custody since 31.3.2010 and 19.7.2010 respectively, 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 C.J.M., Gaya in Chandauti P.S.case No.149 of 2009, subject to the conditions (i) That one of the bailors shall be the brother of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) 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 - 2 - and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (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. Narendra/ ( Anjana Prakash, J. )