IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14797 of 2010 DHARMENDRA YADAV @ SANJAY YADAV son of Krishnadeo Yadav Versus STATE OF BIHAR With Cr. Misc. No. 6376 of 2010 DAULATI DEVI wife of Suresh Yadav Versus THE STATE OF BIHAR With Cr. Misc. No. 5603 of 2010 1. GOBARDHAN YADAV son of Late Bandhan Yadav & 2. Ramashish Yadav son of Rambrich Yadav Versus STATE OF BIHAR With Cr. Misc. No. 6354 of 2010 YOGENDRA PASWAN son of Hari Paswan Versus STATE OF BIHAR With Cr. Misc. No. 16873 of 2010 JANKI YADAV son of Late Ramdeo Yadav Versus STATE OF BIHAR ----------- 2/ 11.05.2010 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, 435, 307, 302, 427 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the Criminal Law Amendment Act. The prosecution case is that 35-40 accused persons committed excesses on 24.4.2009, on which date Jharkhand Band had been called by the Maoist. In the transaction, one truck driver was shot - 2 - dead. The petitioners are not named in the First Information Report and subsequently, their names transpired during investigation that they had been seen near the place of occurrence previous night and, therefore, were suspected to be involved in the present case. However, considering that there is no direct material against the petitioners, 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 satisfaction of the Sub- Divisional Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. case no.131 of 2009, 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. The bailor 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 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. - 3 - With regard to petitioner Dharmendra Yadav, one of the bailor shall be his own brother, with regard to Daulati Devi, her husband shall be one of the bailor, with regard to Janki Yadav, his brother-in-law shall be one of the bailor, with regard to Gobardhan Yadav and Ramashish Yadav, their brothers/ wives shall be one of the bailors, with regard to Yognedra Paswan, his father shall be one of the bailors. The court shall insist on proper identification of the petitioners and the bailors preferably with photograph so that there is no risk of mistaken identity. In view of the antecedents of the petitioner Dharmendra Yadav, Daulati Devi, Janki Yadav, they are directed to appear before the Superintendent of Police, Gaya, within fifteen days of their release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. JA/- (Anjana Prakash, J.)