IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3337 of 2010 1. ARBIND YADAV, S/o Jagdish Yadav. 2. Subhash Yadav, S/ Jagdish Yadav. Versus THE STATE OF BIHAR ----------- 02. 09.02.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. Taking into consideration the fact that the occurrence took place on account of a minor dispute and the assault took place after an altercation in the heat of the moment and the submission is that in the facts of the case no offence under Section 302 of the Indian Penal Code would be made out against the petitioners, let the petitioners above named against whom there is no specific overt act and in custody since 13.08.2009 and 21.08.2009 respectively be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 115 of 2009 subject to the following - 2 - 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. (ii) 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. Vikash/- (Anjana Prakash, J.)