IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37231 of 2010 1. MAHESH YADAV & 2. Kamal Kishore Yadav @ Kamal Kishore both s/o Rameshwar Yadav @ Tufani Yadav Versus STATE OF BIHAR ----------- 2/ 08.11.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Considering that there is no specific overt act alleged against the petitioners, who are one of the fourteen named accused persons and also that other co-accused have been granted bail by this court vide Cr. Misc. No.9114 of 2010 by order dated 29.3.2010, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Sambho P.S. case no.11 of 2008, 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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailors shall also state on affidavit that they 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 - 2 - of misuse,(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, and (iv) 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. JA/- (Anjana Prakash, J.)