IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13079 of 2010 1. RAJENDRA YADAV, S/o Late Nanku Yadav. 2. Chhotu Yadav, S/o Sri Suresh Yadav. 3. Fintush Yadav, S/o Sri Horil Yadav. Versus THE STATE OF BIHAR With Cr. Msic. No. 14742 of 2010 1. Arun Yadav. 2. Barun Yadav @ Baraun Yadav. Both are sons of Ram Khelawan Yadav. Versus THE STATE OF BIHAR. ----------- 02. 28.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302 and 120B/34 of the Indian Penal Code. The prosecution case is that when the dead body of the informant was discovered he cast suspicion against six accused persons for having a certain motive for the occurrence. During investigation the petitioners were implicated by certain witnesses who stated that they had over- heard some incriminating conversation between the accused persons at the place of occurrence. However, it is not explained as to why these witnesses did not disclose this fact earlier to the informant. The 2 submission is that the petitioner No. 1 happens to be the full brother of the informant and there was no motive for him to commit this occurrence. In view of such, let the petitioners, above named of Cr. Misc. No. 13079 of 2010, No. 1 is in custody since 16.02.2010 and Nos. 2 & 3 are in custody since 07.03.2010 and the petitioners of Cr.Misc. No. 14742 of 2010 are in custody since 29.03.2010 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 Chief Judicial Magistrate, Begusarai in connection with Nima Chandpura P.S. Case No. 42 of 2008 (G.R. No. 1143 of 2008) 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 petitioners. The bailor will also undertake to inform the Court if there is 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 not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court 3 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)