IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16392 of 2010 1. BHIM YADAV SON OF ARJUN YADAV 2. SUBHIT YADAV SON OF LATE MAHENDRA YADAV 3. PAPPU YADAV @ SANJAY YADAV S/O RUDO YADAV 4. DABLU YADAV @ DELLU YAADAV S/O RAVAN YADAV Versus STATE OF BIHAR ----------- 3. 3.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 353, 307, 412 of the Indian Penal Code and 27 of the Arms Act as well as 17 of the C.L.A. Act and 3/4/5 of the Explosive Substance Act. The prosecution case is that the petitioners were chased on suspected of being naxalites and they were arrested. From near the tractor, on which they were boarded,a hand grenade, which was supplied to the police or army, was recovered. The submission of the Counsel for the petitioners is that there was no recovery from their conscious possession nor has any injury been caused to any one in the transaction. The further submission is that the petitioners are in custody since 15.1.2010 and have fair antecedents. 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 C.J.M., Banka in Belhar P.S.case No.4 of 2010, subject to the conditions (i) That one of the bailors shall be the - 2 - father/brother/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) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) 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, (iv) 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 (v) 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 fact that the petitioners have no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioners on bail. Narendra/ ( Anjana Prakash, J. )