IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26243 of 2009 1. HARO YADAV Son of Janardan Yadav, Resident of Village Barkhandi Tola, Police Station- Khagaria (Muffasil), District- Khagaria 2. Subodh Yadav Son of Naresh Yadav, Resident of Village Mathar, Police Station- Khagaria (Muffasil) Diustrict- Khagaria ------------Petitioner Versus STATE OF BIHAR ---------------Opposite Party With Cr.Misc. No.21297 of 2009 SANJAY YADAV Son of Chandradeo Yadav, resident of Village Mathar, Police Station –Khagaria (Muffasil) District- Khagaria -------------Petitioner Versus STATE OF BIHAR ------------Opposite Party With Cr.Misc. No.17685 of 2009 1. INDRADEO YADAV @ Fukna Son of Bachcho Yadav alias Bachchi Yadav, resident of Village- Meerhatti, Police Station Sultanganj, District- Bhagalpur 2. Pandav Yadav Son of Chandradeo Yadav, resident of Village- Mathar Police Station-Muffasil ,District- Khagaria ---------Petitioner Versus THE STATE OF BIHAR -------------------Opposite Party ----------- 2. 17.8.2009 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. Taking into consideration the fact that even though the case was of 2004 the petitioner have been remanded in the present case after four and a half years on the plea that they are 2 co-accused of Ashok Yadav and Pandav Yadav son of Dhanik Yadav who had been caught with police rifle which is the subject matter of the present case but there is no material against the present petitioners with regard to the present case, 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 the Railway Judicial Magistrate, Khagaria in connection with Khagaria (Mansi) Rail P.S. Case No. 19/2004 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 they are related with the petitioners (ii) that the bailor shall also state on 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 and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given dates and will not delay the trial. P. Kumar ( Anjana Prakash, J.)