IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36996 of 2009 1. GORAKH YADAV, 2. Rudal Yadav, Both sons of late Ram Nath Yadav, r/o. Village- Pinarthu Khurd, P.S. Daraundha, District- Siwan. Versus THE STATE OF BIHAR ----------- 02. 30.10.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 & 323/34 of the Indian Penal Code and Section ¾ of Dayan Bhut Act. Taking into consideration the fact that there was a case and counter case on the same day with regard to the same occurrence in which one of the accused persons Paras Yadav was injured and instituted a first information report vide Annexure-2 and there is no specific overt act against the petitioners who are in custody since 13.07.2009, let the petitioners above named, be released on bail on furnishing bail bond of Rs.5000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Daraundha P.S. Case No.70 of 2009 subject to the condition: I. That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Mkr. ( Anjana Prakash, J.)