IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10253 of 2010 1. NAWAL YADAV SON OF LATE CHANDRADEEP YADAV 2. KAMAL CHANDEL SON OF LATE DEEPAN CHANDEL 3. BINAY YADAV SON OF JAGDEO YADAV 4. AWADH PRASAD MAHTO SON OF RAM BALI PRASAD 5. BINDESHWAR PASWAN SON OF BASHU DEO PASWAN 6. KAMLESH CHANDRVANSHI SON OF JAGDISH CHANDVANSHI 7. RAM DAYAL SAW SON OF LATE JAGU SAO Versus STATE OF BIHAR ----------- 2. 1.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 149, 124A, 109, 307, 353, 384 of the Indian Penal Code and 27 of the Arms Act as well as 17 of the C.L.A. Act. Taking into consideration the fact that the petitioners are named in the first information report, but there is no specific overt-act alleged against them nor do they have any criminal antecedents, let the petitioners above named, who are in custody since 3.12.2009, 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 S.D.J.M., Daudnagar, Aurangabad in Goh P.S.case No.179 of 2009, subject to the 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 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 - 2 - 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 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 they fail to do so on two given dates and delay the trial in any manner, thier bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )