IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6901 of 2010 BHISHM NARAYAN YADAV @ BHISHM NARAYAN SINGH SON OF DEOLAL YADAV Versus STATE OF BIHAR With Cr.Misc. No.7263 of 2010 1. DEV LAKHAN RAJAK S/O RAJA RAJAK 2. ANIL THAKUR S/O SATYANDRA THAKUR 3. BADSHAH PRASAD SON OF JAIRAM RAVANI 4. SURESH SAO SON OF DHODHA SAO Versus THE STATE OF BIHAR ----------- 3. 29.3.2010 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, 302 of the Indian Penal Code and 27 of the Arms Act. The allegation against the accused persons is that on account of an election dispute seven persons fired at the deceased. However only two fire arm injuries have been found on the person of the deceased, which is apparent from the postmortem report. In view of such and also that the petitioners 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 Chief Judicial Magistrate, Jehanabad in Mahendiya P.S.case No.63 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving - 2 - genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an 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, and (iv) 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. Narendra/ ( Anjana Prakash, J. )