IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23489 of 2010 LAKHAN YADAV son of late Tilak Yadav Versus STATE OF BIHAR With Cr. Misc. No. 23849 of 2010 AJAY YADAV son of Sri Veyas Yadav Versus STATE OF BIHAR ----------- 2/ 14.07.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. Taking into consideration the fact that the petitioners are named in the First Information Report on the basis of suspicion since they were last seen in the company of the deceased and the submission is that it would be totally improbable when the informant himself has mentioned that there was a dispute between the deceased and the accused persons, let the petitioners above named, who are in custody since 27.4.2010/28.4.2010 respectively, 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 Sub Divisional Judicial Magistrate, Sherghatti (Gaya) in connection with Barachatty P.S. Case No. 155 of 2007 subject to the following 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 petitioner, (ii)That the bailors shall also state on affidavit that they 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 - 2 - court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (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, (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, JA/- (Anjana Prakash, J.)