IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23425 of 2009 1. SHANKAR YADAV @ RAMA SHANKAR YADAV Son of Late Shri Yadav 2. Subodh Yadav, Son of Sri Raj Nandan Yadav Both residents of Village- Dhusri, Police Station- Atri in the District of Gaya ---------------Petitioners Versus STATE OF BIHAR ---------------Opposite Party ----------- 3. 27.8.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioners were not the assailant of the deceased which act has been attributed to co-accused Ramchandar Yadav and the fact that the petitioners are only said to be members of the mob as also that the co-accused similarly placed i.e., Dipu Yadav vide Cr. Misc. No. 6958 of 2009 by an order dated 1.5.2009 has been granted bail, let the petitioners above named who are in custody since 14.5.2009 and 19.5.2009 respectively be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No. 21 of 2007, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner - 2 - who will give an affidavit giving genealogy as to how he is related with the petitioner and (ii) that the petitioner will give an undertaking that he will receive the police paper on the given date and will not delay the trial. P. Kumar (Anjana Prakash, J.)