IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4481 of 2010 1. PRABHAKAR YADAV 2. DIWAKAR YADAV, BOTH SONS OF KUSHESHWAR YADAV Versus STATE OF BIHAR ----------- 3. 11.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 307, 324, 385, 387/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that even though the petitioners have been named in the first information report as one of the miscreants, who terrorized the informant for extortion, but later on the informant has compromised the matter in the court below. It has further been submitted that the petitioners have no criminal antecedents. Taking into consideration the fact that let the petitioners above named, who are in custody since 5.10.2009, 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 C.J.M., Bhagalpur in Kotwali P.S.case No.608 of 2009, subject to the conditions (i) That one of the bailors will be either the father or the sister of the petitioners and will undertake to take responsibility for future conduct of the present 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 - 2 - Narendra/ 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, their bail will be liable to be cancelled for reasons of misuse. (Anjana Prakash, J.)