IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13546 of 2010 1. SHANKAR YADAV SON OF LATE KAPILDEO YADAV 2. RAMJEE YADAV SON OF JANAR YADAV BOTH R/O VILLAGE- BAISA, P.S.- PARBATTA (MARAIYA), DISTRICT- KHAGARIA Versus STATE OF BIHAR with Cr.Misc. No.15749 of 2010 SHIVA YADAV SON OF BHOGI YADAV, R/O VILLAGE- BAISA,P.S.- PARBATTA, (MARAIYA), DISTRICT- KHAGARIA Versus STATE OF BIHAR ----------- 2 30/04/2010 Above noted applications have arisen out of one occurrence which led to registration of Parbatta (Maraiya) P.S. Case No. 182 of 2009 have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered under Sections 307, 379 and other Sections of the Indian Penal Code and Section 27 of the Arms Act in which allegation is that the two persons were apprehended by the informant and brought to the police station. The petitioners and others including Hazari Yadav trespassed and set free to those miscreants and in that course injury was received. Submission is that after considering the every aspects of the matter another co-accused Hazari Yadav has been admitted to bail by this Court vide order dated 1.4.2010 passed in Cr. Misc. No. 10176 of 2010. The case of the petitioners are also on identical footing. Considering the facts and circumstances of the case, 2 the petitioners above named of both the cases are directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Khagaria in connection with Parbatta (Maraiya) P.S. Case No. 182 of 2009, subject to 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, (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 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 fails 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. avin (Shyam Kishore Sharma, J.)