IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22787 of 2011 1. Kashi Yadav, S/o Ram Lal Yadav. 2. Khilli Yadav, S/o Ram Lal Yadav. Versus The State of Bihar -------------- 02. 28.07.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The prosecution case is that the petitioners variously assaulted the deceased. During investigation it transpired that the deceased had become mentally ill on account of the fact that her son had died recently and on the date of occurrence some dispute had arisen in the family over picking of leaves and firewood at which an altercation took place between the mother-in-law and the deceased for which scuffle took place after a hot altercation and the deceased died on account of said scuffle. The post-mortem examination report reveals that only swelling on the left side of lower part of chest was found which was caused by hard and blunt substance. It further makes prosecution case suspicious. Considering the same, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to 2 the satisfaction of 2nd Additional Sessions Judge, Banka in connection with Sessions Case No. 523 of 2011 arising out of Chandan P.S. Case No. 122 of 2011 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. The bailor will also undertake to inform the Court if there is any change in the address of 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 fail 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. (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. Vikash/- (Anjana Prakash, J.)