IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23758 of 2010 PRABHASH YADAV S/O LATE GHOGHO YADAV Versus STATE OF BIHAR with Cr.Misc. No.30631 of 2010 SUNIL SHARMA S/O NAWAL SHARMA Versus THE STATE OF BIHAR ----------- 3. 25.08.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. The prosecution case is that the brother in law of the informant had been released from jail and he was being threatened by some miscreants and was called away by two accused persons, where after his dead body was discovered. It has been submitted that there is no eye-witness to the actual occurrence and the only material that has transpired against the petitioners are that they had threatened the deceased an earlier point of time. Considering the same, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties 2 of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Addl. Chief Judicial Magistrate, Naugachia in connection with Gopalpur (Rangra) P.S. Case No. 14/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners and the other bailor shall be the brother/ wife 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 his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) 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, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be 3 cancelled, (v) In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Bhagalpur within fifteen days of his release with a copy of this order and every two weeks thereafter for the one year. The conduct of the petitioners will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Fahad. ( Anjana Prakash, J. )