IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39370 of 2011 1. Sunil Yadav, Son of late Kiso Yadav @ Kishun Yadav, resident of village-Nasopur, P.S.-Sultanganj, District-Bhagalpur. 2. Diwakar Yadav @ Kiwakar Kumar, Son of Sulen Yadav @ Sulen Pd. Yadav, resident of village-Tilakpur, P.S.-Sultanganj, District- Bhagalpur. …………..Petitioners. Versus The State of Bihar ………….Opp. Party. ----------- 2 24.11.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. In the F.I.R., there is only suspicion against the petitioners and another co-accused namely Sachida Yadav on account of the earlier dispute between the deceased and the accused persons. There is no direct evidence against them. The co-accused Sachida Yadav has already been granted bail by order dated 9.8.2011 passed in Cr. Misc. No. 26194 of 2011. The case of the petitioners appears to be identical to that of co-accused Sachida Yadav. In that view of the matter, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 208 of 2010 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 they are related with the petitioners and the other shall be the wife of the petitioners. The bailors will also undertake to inform the Court if there is any change 2 in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are, they will not be released on bail. (iii) 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 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 so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) 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. Sanjeet/ (Ashwani Kumar Singh, J.)