IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15208 of 2010 BIJENDRA YADAV @ BIJU YADAV, S/o Sahdeo Yadav. Versus THE STATE OF BIHAR with Cr.Misc. No.15552 of 2010 BARAN YADAV, S/o Dwarika Yadav. Versus THE STATE OF BIHAR ----------- 02. 12.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The prosecution case is that on account of minor issue a dispute arose between the parties due to which son of the informant was variously assaulted by the accused persons. This First Information Report was instituted on 08.11.2009 at 5 P.M. whereas the occurrence had taken place on 07.11.2009 at 7 A.M. However, it appears that the brother of the deceased had earlier given a First Information Report at PMCH wherein he stated that the Bijendra Yadav and Pappu Yadav assaulted the deceased with pistols on head. There is no allegation that they used it for firing. The post-mortem examination report reveals that only one 2 injury has been sustained by the deceased on the head which is not specifically attributable to any of the accused persons. In view of the background of the case and taking the totality of the occurrence, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Jitendra Kumar, Judicial Magistrate, 1st Class, Nawada (or his successor) in connection with Akbarpur P.S. Case No. 233 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is 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 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 3 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. (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. Vikash/- (Anjana Prakash, J.)