IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12481 of 2010 RANJIT YADAV, SON OF RAMJEE YADAV Versus STATE OF BIHAR with Cr.Misc. No.13754 of 2010 PAPPU YADAV, SON OF RAMJEE YADAV Versus STATE OF BIHAR ----------- 2. 22/04/2010 Heard learned Counsel for the petitioners, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The prosecution case is that five accused persons variously assaulted the deceased. The deceased is also said to have given a Fard beyan in the hospital wherein he alleged that one Vijendra Yadav @ Viju Yadav had assaulted him on the head with Khanti. It has been submitted that the post mortem examination report reveals that the cause of death was the injury sustained on the head. In view of such, let the petitioners above named, who are in custody since 9.11.2009 and 9.2.2010 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 Chief Judicial Magistrate, Nawada, in Akbarpur P.S. Case No. 233 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 - 2 - with 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 delay 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.)