IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38814 of 2009 1. RANJIT YADAV @ RANJEET YADAV SON OF SRI VIJAY YADAV 2. SAILESH YADAV SON OF SRI SUBEDAR YADAV Versus STATE OF BIHAR With Cr.Misc. No.44372 of 2009 UDAY PASWAN SON OF POKHAN PASWAN Versus STATE OF BIHAR ----------- 3. 14.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. Taking into consideration the fact that the first information report was instituted two hours after the occurrence wherein it was stated that the witnesses Binay Kumar, Upendra Kumar, Birendra Mistri and Mahesh Yadav have also been looted in the occurrence but the names of the petitioners were not disclosed and thereafter these very witnesses disclosed the name of the petitioners after the police disclosed the name on the basis of confidential information, let the petitioners above named, who are in custody since 17.6.2009 and 15.6.2009 respectively, 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., Gaya in Paraiya P.S.case No.71 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the bailor shall also - 2 - 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 (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. Narendra/ ( Anjana Prakash, J. )