IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25618 of 2010 DEO KRISHNA YADAV S/O LATE LAKSHMAN YADAV Versus STATE OF BIHAR with Cr.Misc. No.26786 of 2010 SUNIL YADAV S/O RAJENDRA YADAV Versus STATE OF BIHAR ----------- 3. 23.09.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 120 B/34 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report even though they are co-villagers of the informant and thereafter the very same informant names the petitioners but without any specific overt act. Considering the same as also that the petitioners has no criminal antecedent, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five 2 thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Madhepura connection with Madhepura P.S. Case No. 341/2009 vide G.R. No. 1369/09, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in 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 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 ground of 3 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )