IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44374 of 2010 1. RAJESH YADAV son of Kuldip Yadav, & 2. Sabir @ Saveer Yadav @ Sarind Yadav son of Kailash Yadav Versus THE STATE OF BIHAR ----------- 2/ 09.02.2011 Heard learned counsel for the petitioners and the State. The petitioners were allowed bail by order dated 25.11.2010 vide Cr. Misc. No. 33224 of 2010, but on condition that an affidavit would be filed on behalf of the petitioners that they have no criminal antecedents. Since one other case was pending against the petitioners, such affidavit could not be filed and subsequently, they remained in custody. Considering that on merits, the petitioners were granted bail, let them (1. Rajesh Yadav & 2. Sabir @ Saveer Yadav @ Sarind Yadav) be released on bail on their furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Bakhri P.S. Case No.67 of 2010, subject to the 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 another bailor shall be the father of the petitioners. The bailors will undertake to furnish information to the court about any change in the address of 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 2 case 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. A sum of Rs.500/- shall be deposited on behalf of each of the petitioners before the District Legal Aid Committee, Begusarai, before they are released on bail. JA/- (Anjana Prakash,J.)