IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12386 of 2009 ASHOK YADAV S/o Sri Basudeo Yadav, resident of village- Bahera, P.S. Wazirganj, District- Gaya … Petitioner Versus STATE OF BIHAR … OP With Cr. Misc. No.16227 of 2009 UMESH YADAV son of Nanhu Yadav, Resident of village- Bahera, P.S. Wazirganj (Tankuppa OP), District- Gaya …. Petitioner Versus STATE OF BIHAR … OP ----------- 3/ 08.10.2009 Counsel for the petitioners is permitted to make necessary corrections in the prayer portion of the application with regard to the name of the court where the case is pending. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302, 201, 370/34 of the Indian Penal Code, section 27 of the Arms Act and section 3(x) of the Schedules Castes & Scheduled Tribes (Prevention of Atrocities) Act. Taking into consideration the fact that apart from the deceased and the accused persons having been last seen together and vague motive having been alleged against the accused persons for which they have remained in custody since November,2008, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the A.D.J. 1st , Gaya, in connection with Wazirganj P.S. case no.241 of 2008 (S.Tr. No.31/09), subject to the condition 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 - 2 - related with the petitioners. Learned lawyer for the informant submitted that the trial is going on and five witnesses have already been examined. So, the petitioners will give an under taking that they will be well represented on each date and if they fail to do so on two consecutive dates without reasonable cause, their bail will be liable to be cancelled. Further, if there is any allegation of threat having been meted out to the witnesses, the court will hold a proper enquiry into the matter and in case it is found to be true then the bail will be cancelled for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)