IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8299 of 2009 UDAY YADAV SON OF SRI GAYA YADAV, RESIDENT OF VILLAGE PIRBIGHA, P.S. SALAIYA, DISTRICT AURANGABAD … PETITIONER Versus STATE OF BIHAR with Cr.Misc. No.26037 of 2009 ASRAFI YADAV SON OF LATE SHEODAT YADAV, R/O VILALGE RAJA BIGHA, P.S. SALAIYA DISTT. AURANGABAD … PETITIONER Versus STATE OF BIHAR ----------- 5. 6.11.2009 Learned Counsel for the petitioners is permitted to make correction in the prayer portion of the petition. Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364, 302, 386, 120B/34 of the Indian Penal Code and 27 of the Arms Act as well as Section 17 of the C.L.A. Act. The prosecution case is that initially the petitioners were opposed to the work which had been allotted to the deceased Umesh Yadav and for having continued with the execution of the work. At that point in time the petitioners were not named. Later on, on 10.10.2008 the two deceased Umesh Yadav and Binda Yadav are said to have accompanied co-accused Nand Kishore Yadav and the informant had stated that on the way the petitioners were also seen along with other co- accused persons and therefore suspected the present 2 petitioners of being involved in the occurrence. The submission is that apart from a vague suspicion there is no material against the petitioners, who have no criminal antecedents and have remained in custody since 2.1.2009 and 24.11.2008 respectively. Under the aforesaid submissions, let the petitioners above named 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 Additional Sessions Judge, F.T.C.III, Aurangabad in S.Tr.No.8 of 2009 arising out of Kasma P.S.case No.50 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, (ii) 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. Narendra/ ( Anjana Prakash, J. )