IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21774 of 2010 ANIL YADAV S/O LATE DHANESHWARI YADAV VERSUS STATE OF BIHAR With Cr.Misc. No.21782 of 2010 1. VAKIL YADAV @ WAKIL YADAV S/O BINDESHWARI YADAV 2. SUSHIL YADAV S/O BINDESHWARI YADAV 3. SUNIL YADAV S/O DHANESHWAR YADAV VERSUS STATE OF BIHAR ----------- 2. 02.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 448, 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code. It has been submitted that as per the prosecution case, it was one Bindeshwari Yadav who assaulted the deceased on account of which he died and one Lalan Yadav assaulted the informant and his mother. In view of such, let the petitioners, who are in custody since 5.4.2010 and have no criminal antecedents, 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 the learned Chief Judicial Magistrate, Araria, in connection with Bhargama P.S. case no. 16/2010, subject to the conditions, (i) That one of the bailors will be a close 2 relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an 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 his 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 misuses, (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 and trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Fahad. ( Anjana Prakash, J. )