IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25145 of 2010 1. SHYAM KISHORE PRASAD @ LAL KISHORE PRASAD 2. BRAJ KISHORE YADAV BOTH S/O NAGA RAI Versus STATE OF BIHAR ----------- 2. 15.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 379, 307 & 504 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the occurrence took place on account of land dispute between the parties. From the facts of the case it does not appear to be a case under Section 307 I.P.C. and there is no specific overt act against them. In view of such, 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 Sub Divisional Judicial Magistrate, Raxaul at Motihari, in connection with Adapur P.S. case no. 80/2009, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) 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 his 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 misuses, (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 and trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (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. Fahad. ( Anjana Prakash, J.)