IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6872 of 2010 AJAY YADAV SON OF RAMAYAN YADAV Versus THE STATE OF BIHAR With Cr.Misc. No.7182 of 2010 PANDIT YADAV @ BALESHWAR YADAV SON OF DOMAN YADAV Versus STATE OF BIHAR ----------- 2. 3.3.2010 Learned Counsel for the petitioner Ajay Yadav is permitted to make correction in the prayer portion 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 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the first information report and in pursuance to the confessional statement of the co-accused there has been no recovery from their possession nor they have any criminal antecedents, let the petitioners above named, who are in custody since 25.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in Jehanabad P.S.case No.130 of 2008, 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, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )