IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38293 of 2011 1. Arvind Yadav, son of Sri Tarni Yadav 2. Makhan Yadav, son of Dhaneshwar Yadav Versus The State Of Bihar ---------------------------------- 2. 02.12.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 307, 323, 380, 504, 147, 148, 149 of the Indian Penal Code, Section 27 of the Arms Act and Sections ¾ of S.C./S.T. Prevention of Atrocities Act. The petitioners were granted bail by an order dated 23.8.2011 passed in Cr. Misc. 27090 of 2011 since there was no specific overt act alleged against them. This Court has also considered that the petitioners have fair antecedents and such an affidavit was to be filed in the Court below. It has been submitted that the petitioners are in fact, accused in other cases and, therefore, such an affidavit could not be filed and they have continued to remain in custody. The further submission is that the earlier cases are more or less of minor nature and the petitioner has remained in custody since 13.6.2011. Considering the same, 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 or any other surety to be fixed by the court 2 concerned to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Salkhua P.S. Case No. 117 of 2010, subject to the following 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 and the other shall be the uncle/father of the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners. (ii) 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. (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 delay the 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. A sum of Rs. 750/ (Seven hundred fifty) shall be deposited by each of the petitioners in the District Legal Aid Committee before releasing them on bail. The fact that the petitioner No. 1 is an accused only in Salkhua P.S. Case No. 105 of 2004 and Salkhua P.S. 3 Case No. 99 of 2009 and the petitioner No. 2 is an accused in only Salkhua P.S. Case No. 67 of 2000 shall be verified by the Magistrate before releasing them on bail. S.Ali ( Anjana Prakash, J.)