IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40226 of 2009 NAND KISHORE YADAV & ANR . Versus STATE OF BIHAR . with Cr.Misc. No.19649 of 2009 BRAHAM RAJ YADAV . Versus STATE OF BIHAR . ----------- 2/ 27-11-2009 Heard both the parties. The petitioners seek bail in a case instituted under section 302 and other allied sections of the Penal Code, 27 Arms Act and 17 C.L.A. Taking into consideration the fact that the petitioners are named in the first information report on the basis of earlier threats meted out to the deceased on account of earlier dispute with regard to the execution of work but there is no eye witness to the actual murder, let the petitioners , namely, Nand Kishore Yadav, Vijay Yadav ( Cr. Misc. No. 40226 of 2009), who have no criminal antecedent whereas the petitioner, Braham Raj Yadav ( Cr. Misc. No. 19649 of 2009) was accused in only one case in the year 1991 but he has now been acquitted and so no case is pending against him, be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) each with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Aurangabad in Masma P.S.Case No. 50 of 2008 on the conditions : (i) That one of the bailors will be a close relative of - 2 - the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are 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. (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. ( Anjana Prakash, J ) BTiwary/