IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41679 of 2010 SUDHIR YADAV & ANR Versus STATE OF BIHAR ----------- 2. 24.11.10. Heard learned counsels for the petitioners, informant and the State. The petitioners are languishing in custody since 29.05.2010 in a case initially registered under Sections 324, 326, 342,307/34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that there is allegation of assault against five persons. My attention has been drawn as Annexure-3 which reflects that other two accused persons, namely, Subodh Yadav and Saroj Yadav have been granted bail vide Cr. Misc. No. 40562 of 2010 while the other accused person has been granted bail vide Cr. Misc. No. 34077 of 2010. It is submitted by the learned counsel for the informant that due to assault made by these petitioners and others, the victim succumbed to injuries. 2 Considering the fact that other three similarly situated accused persons have already been granted bail, let the petitioners, Sudhir Yadav and Kapil Yadav be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Govindpur P.S. Case No. 16 of 2010 subject to the following conditions: (1) That one of the bailors will be a relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.(ii) That the affidavit shall clearly state that the petitioners are not 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. 3 (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.(v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. U.K. (Dinesh Kumar Singh,J.)