IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25552 of 2010 SATYENDRA YADAV, son of late Sukhdeo Versus STATE OF BIHAR with Cr.Misc. No.20930 of 2010 RAJESH KUMAR @ CHITKABRA, son of Late Ramdeo Das Versus THE STATE OF BIHAR ----------- 4/ 25.10.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence 302/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioners are not named in the First Information Report and subsequently some witnesses stated that the deceased had been called away by the petitioners thereafter he was shot dead. The petitioner Satyendra Yadav name has transpired in the confessional statement of the co-accused that he was the person who shot dead the deceased. Considering that there is no direct material against the petitioners and also that the petitioners have no criminal antecedent, let the petitioners above named, 2 be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Chandauti P. S. Case No.149 of 2009, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the brother/wife/son of the petitioners. The bailor will undertake to furnish information to the Court about any change in 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 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 delays the trial in any manner, their bail will be liable to be 3 cancelled for reasons of misuse, and (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Ashwini/- ( Anjana Prakash, J. )