IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35309 of 2009 1. BHAJJU YADAV @ BHAJJU LAL YADAV 2. RAM PRASAD YADAV Both sons of late Jagan Yadav 3. BUCHHI YADAV, son of Bhajju Yadav All residents of Diwari, P.S. Sonbarsa, Katchhari, district Saharsa .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 15.10.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 436 and 427/34 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioners were only seen fleeing away from the place of occurrence and there is no eye witness to the actual burning of the hut, let the petitioners, above named, who are in custody since about three months, 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 Saharsa P.S. Case No. 555 of 2008 to the satisfaction of the Chief Judicial Magistrate, Saharsa, on the conditions 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 with the petitioners and that the bailor shall 2 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. S.A. (Anjana Prakash, J.)