IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4110 of 2010 1. SATISH YADAV, S/O LATE BAIJU YADAV 2. AYODHYA YADAV, S/O RANJEET YADAV Versus STATE OF BIHAR **** /2/ 16.02.2010 Heard the counsel for the petitioners, the State and the informant. 2. The petitioners seek bail in a case instituted under Sections 302 and other allied sections of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that in the first information report it has been stated that it was Obersan Yadav who had a dispute over loading of sand with the informant and on account of which dispute he is said to have fired upon the deceased, but, the petitioners are cited as members of the mob and have no criminal antecedent, let the petitioners, above named, who are in custody since 02.11.2009 and 05.11.2009 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 Paliganj P.S. Case No. 16 of 2009 to the satisfaction of the Additional Chief Judicial Magistrate, Danapur at Patna, on the conditions (i) that one of 2 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, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 petitioner(s) is/are implicated in any other case of similar nature after his/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 then their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)