IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2782 of 2010 1. VIRENDRA YADAV s/o Adalat Yadav & 2. Ramnath Yadav s/o Sukhari Yadav Versus STATE OF BIHAR ----------- 3/ 12.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302,120-B, 379/34 of the Indian Penal Code and section 27 of the Arms Act. On 22.12.1995, the informant instituted the present case against ten known persons including the present petitioners. It was alleged that Rajesh Singh and Basudeo Yadav firstly fired at the deceased and thereafter all the accused persons fired at the deceased. It appears that they were only six fire arm injuries found on the person of the deceased. On 17.9.1996, the case was taken up for investigation by the CID and warrants of arrest were issued against the present petitioners on 16.2.2008 i.e. about thirteen years later. Before the submission of chargesheet, the petitioners surrendered in the court below in July, 2009. It is submitted that the petitioners have no criminal antecedents. Under the circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- each (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, in connection with Dhanaha P.S. case no.43 of 1995, subject to the 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 - 2 - related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, and (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. JA/- (Anjana Prakash, J.)