IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16051 of 2010 1. SHANKER YADAV. 2. Laxmi Yadav. Both are sons of Sri Bhagwan Yadav. Versus THE STATE OF BIHAR ----------- 02. 17.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code and subsequently Sections 25(1-B) A, 27 and 35 of the Arms Act was added. Considering that there is general allegation of assault upon the accused persons and the submission that the assault was with butt of guns and therefore the intention was certainly not to commit the murder of the deceased, let the petitioners, above named who are in custody since 02.11.2009 and have no criminal antecedents 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 Additional Sessions Judge, F.T.C.-V, Banka in connection with S.Tr. No. 1212 of 2009 arising out of Amarpur P.S. 2 Case No. 155 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 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 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. Vikash/- (Anjana Prakash, J.)