IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28841 of 2011 1. Lucho Yadav 2. Chhattu Yadav Both sons of Late Kalicharan Yadav 3. Lalan Yadav, son of Lucho Yadav Versus The State Of Bihar ---------------------------------- 3. 23.11.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 447, 323, 307 and 504 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added. It has been submitted that even though there is an allegation against the petitioners No. 1 and 3 of having assaulted the deceased with lathis but the accompanying documents demonstrate that there was a free fight between the parties in which transaction, the petitioner No. 1 was also injured with serious injuries on his head for which a separate case was instituted by him, no doubt, the occurrence took place on account of land dispute. Considering that the occurrence took place on account of financial dispute, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Begusarai, in connection with Shamho P.S. Case No. 14 of 2011, subject to 2 the following 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. 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 accused in any other case and, if they are, they shall not be released on bail. (iii) That the bailors shall also state on affidavit that they 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. (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. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)