IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26592 of 2010 1. Mahendra Yadav, son of Rampati Yadav 2. Baiju Yadav, son of Mungesh Yadav 3. Pramod Yadav son of Moti Yadav 4. Nathun Yadav son of Late Dalu Yadav 5. Hiralal Yadav son of Ram Ratan Yadav 6. Krishna Yadav son of Mahendra Yadav 7. Awadhesh Yadav son of Karoo Yadav All resident of village-Urbishunpur, P.S. Alipur, District-Gaya Versus STATE OF BIHAR ----------- 2 05.08.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Alipur P.S. Case No. 11 of 2009 for offences punishable under Sections 147, 148, 149, 323, 337, 338 and 436 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have been roped in the present case as a retaliatory measure to the case instituted against the informant of the present case and certain others giving rise to Alipur P.S. Case No. 9 of 2009 dated 11.3.2009. He further submits that a plain reading to the allegation set out in the F.I.R. does not attribute any specific role to the petitioners and the allegations have been set out in most general and omnibus manner. It is stated that - 2 - for such general nature of allegations the petitioners have remained in custody since 17.5.2010. Considering the circumstances and the submissions of learned counsel, let the petitioners namely, Mahendra Yadav, Baiju Yadav, Pramod Yadav, Nathun Yadav, Hiralal Yadav, Krishna Yadav and Awadhesh Yadav, be released on bail upon each of them furnishing individual bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No. 11 of 2009 subject to the condition that the petitioners would ensure their representation before the Court below on each and very date fixed in the case and the failure on the part of either of the petitioners to ensure his representation on two consecutive dates without reasonable explanation to the satisfaction of the trial Court, would confer liberty on the trial Court to initiate proceeding for cancellation of the bail bonds of the defaulting petitioner(s) and for taking them into custody. Bibhash (Jyoti Saran, J.)