IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11269 of 2010 ABHAY YADAV, SON OF LATE KAPLESHWAR YADAV Versus STATE OF BIHAR with Cr.Misc. No.12487 of 2010 UDAY YADAV, SON OF LATE KAPLESHWAR YADAV Versus THE STATE OF BIHAR ----------- 3. 22.06.2010 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, 201, 120B of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the deceased Suresh Yadav, Vishal and Hare Ram Paswan were pulled down from the tractor by 21 named accused persons and thereafter, the three were shot dead by the accused persons specifically named in the First Information Report. The submission of the petitioners is that they are not named in the First Information Report and subsequently even though they are named by witnesses with allegation against them of having fired at the deceased but the post mortem examination report reveals only single fire arm injuries on the deceased Hare Ram and Vishal. In view of such, 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 2 satisfaction of Chief Judicial Magistrate, Saharsa, in Salkhua P.S. Case No. 131 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 and the other shall be the mother/brother of the petitioners. The bailor will undertake to furnish information to the Court about any change in 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 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 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. S.Ali ( Anjana Prakash, J.)