IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36694 of 2009 1. JETHAN YADAV 2. BHUTALI YADAV, sons of Ramdeo Yadav .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 20.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 147, 148, 149 and 302 of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that the petitioners are two of twelve accused persons named in the first information report and the allegation is that they with two others caught hold of the deceased while he was shot dead by four others, let the petitioners, above named, who are in custody since 31.03.2009, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Kako P.S. Case No. 98 of 2008 to the satisfaction of the Chief Judicial Magistrate, Jehanabad, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related 2 with the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/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 (iii) 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/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)