IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44996 of 2009 KABINDAR @ BANA YADAV @ KABINDAR PRASAD @ Bana son of Naresh Yadav @ Naresh Prasad Versus THE STATE OF BIHAR with Cr.Misc. No.46314 of 2009 1.SURESH YADAV @ SURESH RAM son of Ramdeb Yadav 2.Kaushlendra Yadav son of Suresh Yadav. Versus STATE OF BIHAR ----------- 2. 24.12.2009. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 504, 341, 323, 324, 325, 448 and 307/34 of the Indian Penal Code. Taking into consideration the fact that on account of minor dispute both the parties clashed between themselves due to which a case and a counter case have been instituted and the submission is that no offence under section 307 of the Indian Penal Code is made out, let the petitioners above named who are in custody since 18.8.2009 and 9.9.2009 respectively be released on bail on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S.Case No.137 of 2009 subject to the following conditions: (a) 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 petitioner, (b) that the bailor shall also state on affidavit that he will - 2 - inform the court concerned if the petitioners are implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate a proceeding for cancellation of bail on the ground of misuse. (c) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the 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. Md.S. (Anjana Prakash,J.)