IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6299 of 2010 1. SANTOSH YADAV, SON OF JAGESHWAR YADAV 2. RAM BARAN YADAV, SON OF RAJENDRA YADAV Versus STATE OF BIHAR ----------- 2. 04/03/2010 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, 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner No. 2 has been named in the First Information Report as one of the members of the mob of 14 accused persons who fired at the deceased causing his death whereas the petitioner No. 1 has not even been named in the First Information Report and subsequently certain witnesses said that he was also seen fleeing away from the place of occurrence. There is admitted land dispute between the parties. Under the circumstances, let the petitioners above named, who are in custody since 11.10.2009, 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 Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 518 of 2009 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 - 2 - the petitioners. (ii)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. (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. S.Ali (Anjana Prakash, J.)