IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2764 of 2010 1. JAI PRAKASH YADAV @ KHUTLA SON OF RANJEET YADAV 2. BISHUNDEV YADAV SON OF RAMJATAN YADAV Versus STATE OF BIHAR ----------- 2. 4.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 394 of the Indian Penal Code. It has been submitted that the petitioners are not named in the first information report, in which four unknown miscreants were mentioned as having committed the occurrence while covering their faces. Subsequently the petitioners were arrested on suspicion since there was material to suggest that the petitioners used to come near the place of occurrence and take wine and petitioner no.1 had previous antecedent of such nature of case against him and the articles which have been recovered do not tally with the subject matter of the loot. So, let the petitioners above named, who are in custody since 14.9.2009, 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 C.J.M., Bhagalpur in Kahalgaon (Shivnarainpur) P.S.case No.431 of 2009, 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, (ii) that the bailor shall also state on - 2 - 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 of bail 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 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. Narendra/ ( Anjana Prakash, J. )