IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13982 of 2010 1. SUKHDEO YADAV SON OF SHRI SHANICHAR YADAV 2. NARESH YADAV SON OF LATE BASUDEO YADAV 3. RABINDRA YADAV @ RAVIN YADAV SON OF BINDESHWARI YADAV Versus THE STATE OF BIHAR ----------- 6. 6.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302/34, 120B of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the deceased was done to death by unknown persons. Subsequently during investigation the petitioners’ names transpired, but there is no specific overt act alleged against them. In view of such, let the petitioners above named, who are in custody since 3.1.2010, 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 C.J.M., Purnia in Barhara (Raghubans Nagar) P.s.case No.154 of 2009, subject to the conditions (i) That one of the bailors shall be the brother/father/wife of the petitioners and the other 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 the address of the petitioners, (ii) - 2 - 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 the ground of misuse, (iii) 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 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. The petitioner no.1 and 3, namely, Sukhdeo Yadav and Rabindra Yadav @ Ravin Yadav will file an affidavit before the court below that they are not an accused in any other case. In view of nature of allegations against the petitioner no.2 Naresh Yadav, the petitioner no.2 is directed to appear before the Superintendent of Police, Purnia within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner no.2 will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, - 3 - a certificate will be filed by the petitioner no.2 before the court concerned. Narendra/ ( Anjana Prakash, J. )