IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43639 of 2009 1. BINAY YADAV SON OF RAM SHRUP YADAV 2. GAJO YADAV SON OF JALO YADAV Versus STATE OF BIHAR ----------- 3. 5.1.2010 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, 342, 324, 307, 302, 201, 364, 447 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that the petitioners are named in the first information report, but there is no specific overt-act against them as also that they are in custody since 2.7.2009 and 18.6.2009 respectively, let the petitioners above named 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, Munger in Muffasil P.S.case No.236 of 2008, 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 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 of bail and (iii) that the petitioners will give an undertaking that they will receive the - 2 - 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. Narendra/ ( Anjana Prakash, J. )