IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22044 of 2010 1. RANJEET YADAV son of Sitabi Yadav & 2. Pawan Yadav son of Gadanand Yadav Versus STATE OF BIHAR ----------- 2/ 09.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 40, 302, 307, 504/34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that even though in the First Information Report there is allegation that three persons assaulted the deceased with butt of their pistols whereafter co-accused Sanjay Yadav fired at him but the post mortem report reveals that the deceased had sustained only fire arm injury and there was no other external injury found on him. In view of such, let the petitioners, above named, who are in custody since 14.2.2010 and have no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Jankinagar P.S. Case No. 08 of 2010, 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 related with the petitioners and the other bailor shall be the brother of the petitioner. The bailors 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 accused in any other case and, if they are, they shall - 2 - 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 delay 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. JA/- (Anjana Prakash, J.)