IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20721 of 2010 1. RAM JEEVAN YADAV son of late Bachcha yadav 2.Sanjay Yadav son of Sri Ram Jeevan Yadav both are residents of village LadaniyaP.S. ladaniya, Dist. Madhubani ….Petitioners Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. Yogendra Kr. Advocate For the State : Mr. Nand Kishore Pd. A.P.P. ---------- 2 17.6.2010 Heard the parties. In a criminal prosecution for offences under Section 307/34 and other allied offences of the Penal Code, there appears to be case and counter case vide Annexures- 1 & 2 respectively from both sides. It is submitted that petitioner nos. 1 & 2 happen to be father and son respectively and both sides have sustained injuries. It is further submitted that even according to the prosecution case offence under Section 307 I.P.C. would not be attracted in the present case, as there was no mens rea on the part of the accused person including the petitioners to commit an offence of murder which was prevented because of certain intervening circumstances. Petitioner no. 1 is in judicial custody since 03.05.2010 and petitioner no. 2 is in judicial custody since 01.05.2010. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M. Madhubani in connection with Ladaniya P.S. case No. 37 of 2010, subject to the conditions: (a) That one of the bailors must be Govt. Servant or close family member of the petitioners who will file an affidavit in the court below - 2 - showing his/her relationship with the petitioners. (b) If the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (Birendra Prasad Verma,J. ) M.Rahman