IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11773 of 2010 BAIKUNTH YADAV SON OF RAM RATAN YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.13187 of 2010 RAM SWAROOP @ RAM SWAROOP YADAV S/O LATE RAM BILASH YADAV Versus STATE OF BIHAR ----------- 2. 19.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 302, 201 of the Indian Penal Code and 17 of the Criminal Law Amendment Act. Considering that the petitioners are not named in the first information report and their names transpired eleven years later in the supervision note of the Dy.S.P. without any cogent material and other co-accused persons have been released on bail for this very reason, let the petitioners above named, who are in custody since 21.1.2010 and have no criminal antecedents, 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 Chief Judicial Magistrate, Gaya in Tekari P.S.case No.93 of 1997, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall - 2 - 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 he fails 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 and (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. Narendra/ ( Anjana Prakash, J. )