IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38902 of 2009 1. MANIK YADAV, son of Jago Yadav 2. MANJU YADAV, son of Rajdeo Yadav 3. JATO YADAV, son of Guleshwar Yadav All are residents of village Padmawat, P.S. Jamui, district Jamui .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 09.11.2009 Heard the counsel for the petitioners, the State and the informant. 2. The petitioners seek bail in a case instituted under Sections 302 and 120B/34 of the Indian Penal Code. 3. Taking into consideration the fact that there is no allegation of assault upon the petitioners and the assault with farsa is upon co-accused, Uma Yadav, and the submission is that it is improbable that while the deceased was assaulted with axe repeatedly the petitioners would stand the risk of causing injury to themselves, let the petitioners, above named, who is in custody since 20.07.2009 and have no criminal antecedent, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Jamui P.S. Case No. 147 of 2009 to the satisfaction of the Chief Judicial 2 Magistrate, Jamui, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 petitioner(s) is/are implicated in any other case of similar nature after his/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 and (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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)