IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38562 of 2009 GUNSAGAR YADAV SON OF JULUM YADAV Versus THE STATE OF BIHAR With Cr.Misc. No.41605 of 2009 1. GHOGRA YADAV S/O KAPILDEV YADAV 2. OM PRKASH YADAV S/O RAMDEV YADAV Versus STATE OF BIHAR ----------- 2. 23.11.2009 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, 307, 379, 364, 511 and 120B of the Indian Penal Code. Taking into consideration the fact that the allegation of lifting the girl in question was upon co-accused Satan Yadav and Ramdeo Yadav and not against the petitioners, let the petitioners above named, who are in custody since 1.8.2009 and 11.8.2009 respectively and have no criminal antecedents, 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, Saharsa in Sonbarsa Raj P.S.case No.26 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 genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and if they are 2 they shall not be released on bail, (iii) 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 and (iv) 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. The court below before releasing the petitioners on bail will verify the fact that the petitioners have no criminal antecedents. If it is found to be contrary, the petitioners will be not be released on bail. Narendra/ ( Anjana Prakash, J. )