IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30363 of 2009 1. LAKHAN YADAV, 2. Sakaldeo Yadav Both sons of Sri Sevak Yadav, resident of Village-Bpjhayat, P.S.-Khaira, District-Jamui. Versus THE STATE OF BIHAR ----------- 02. 26.08.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 364 and 120B/34 of the Indian Penal Code. It has been submitted that only allegation against the petitioners is that they were also the persons who had forcibly taken away Dashrath Yadav and the deceased towards the jungle and later on Dashrath Yadav was released from their custody. It was stated by Dashrath Yadav that one Prakash Yadav was asking him to know as to who had committed the murder of his father and further stated that there was some land dispute from twenty years. It appears from the impugned order that the petitioners are in custody since 14.11.2007 even though the charge was framed on 22.10.2008 but not a single witness has turned up till now, let the petitioners above named - 2 - 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 Additional Sessions Judge, F.T.C.-V, Jamui in connection with Khaira P.S. Case No. 177 of 2005 (S.C. No. 295 of 2008) subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving 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. It is directed to the petitioners that they will attend the Court regularly and will not default on two consecutive dates without reasonable cause and if they do so they will be liable for cancellation of bail. Vikash/- (Anjana Prakash, J.)