IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10493 of 2010 MUNSHI YADAV, SON OF KHUDI YADAV Versus STATE OF BIHAR with Cr.Misc. No.11959 of 2010 1. MOHAN YADAV, SON OF MUNSI YADAV 2. UMESH YADAV, SON OF SHIV NATH YADAV Versus STATE OF BIHAR ----------- 2. 12/04/2010 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 and 302 of the Indian Penal Code. The prosecution case is that on account of a land dispute between the parties an altercation arose and, thereafter, the accused persons generally assaulted the deceased. The submission is that there is no specific overt act against the petitioners. 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran, in Bagaha (Bhairoganj) P.S. Case No. 316 of 2009 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. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii)That the bailor shall also - 2 - 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)