IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4912 of 2010 1. UMAKANT YADAV. 2. Gautam Kumar. 3. Bablu Kumar @ Ramesh Yadav. All are sons of Jagdish Yadav. 4. Neelam Devi, W/o Mahesh Yadav. Versus THE STATE OF BIHAR ----------- 02. 22.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 323, 341, 302, 307 and 337/34 of the Indian Penal Code. On 07.10.2009 at about 8 P.M. an occurrence took place in which the informant and other co-accused persons assaulted the present petitioner No. 4 and three others. Thereafter, when the said Neelam Devi was going to institute a case the prosecution party attempted to prevent them from doing so then the present occurrence took place in which the present petitioners variously assaulted the prosecution party in which one Ramdhin Yadav lost his life. The submission is that in the facts of the case no offence under Section 302 of the Indian Penal Code would be made out. - 2 - In view of such, let the petitioner Nos. 1 to 3 above named who are in custody since 09.10.2009 and petitioner No. 4 is in custody since 21.10.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 156 of 2009 (G.R. No. 1129 of 2009) subject to the following 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 affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) 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. (iv) 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 - 3 - so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)