IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9903 of 2010 1. KATIBAN YADAV, SON OF RAM PADARAH YADAV 2. KAMAL YADAV, SON OF RAM AVTAR YADAV 3. PINTU YADAV, SON OF KAILU YADAV 4. PUTUL YADAV, SON OF MAUZI YADAV (WRONGLY MENTIONED AS RAM PADARATH YADAV) Versus THE STATE OF BIHAR ----------- 2. 30/03/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The petitioners are named in the First Information Report on the basis of suspicion having been cast against them and others for the murder of the Informant’s brother whose dead body was discovered from the railway track. It has been submitted that there is no eye witness to the occurrence and the entire case is based only on suspicion that the accused persons committed this offence on account of land dispute pending between the parties. In view of such, let the petitioners above named, who are in custody since 20.8.2009 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 Additional Sessions Judge, 1st, Barh, Patna, in Sessions Trial No. 1638 of 2009 arising out of Ghoshwari P.S. Case No. 47 of 2009 subject to the following conditions: (i)That one of the bailors will be a close - 2 - relative of the petitioners who will give an affidavit giving genealogy as to how he is related with 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. S.Ali (Anjana Prakash, J.)