IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38215 of 2009 1. WAKIL YADAV son of late Kushum Yadav, & 2. Raj Kishore Yadav son of Sri Wakil Yadav Versus STATE OF BIHAR ----------- 4/ 21.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302/34 and 201/34 of the Indian Penal Code. Taking into consideration the relationship between the parties as also the fact that occurrence took place on account of land dispute between the father and the son (deceased), let the petitioners, above named, who are in custody since 11.2.2009 and since only one witness out of eleven witness has been examined till date, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Katihar, in connection with S. T. No.587 of 2007, 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 he is related with 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 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, and (iv) 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. JA/- (Anjana Prakash, J.)