IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28892 of 2010 1. FULESHWAR YADAV, SON OF JANARDAN YADAV 2. BISHUNDEO YADAV, SON OF JANARDAN YADAV 3. RAJENDRA @ RAJO YADAV, SON OF BISO YADAV 4. BHUPAN YADAV @ GOPI NARAYAN YADAV, SON OF ANUP YADAV. Versus THE STATE OF BIHAR ----------- 3. 07.09.2010 The learned counsel for the petitioners is permitted to make correction in paragraph 1 of the petition. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 448, 342, 380, 379, 302, 201, 364, 436, 427 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioners were not named in the First Information Report which was instituted in the year 1993 and subsequently, their names transpired but without any specific overt act. The explanation of the petitioners for not appearing earlier in the case is that since they did not know about the pendency of the case as also they were not named in the First Information Report. The further submission is that in the meanwhile other co-accused persons were put on trial and they all have been acquitted. Considering the same, the petitioners are directed to to be released on bail after framing of charge on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of 2 the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sessions Court, Khagaria, in Sessions Case No. 94 of 2010 arising out of Beldaur P.S. Case No. 46 of 1993 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other shall be the father/brother/son of the petitioners. The bailor will undertake to furnish information to the Court about any change in 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 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 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. S.Ali ( Anjana Prakash, J.)