IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4987 of 2010 1. RAJENDRA SINGH @ RAJENDRA YADAV, S/o Late Sheolagan Yadav. 2. Jitendra Yadav, S/o Rajendra Yadav @ Rajendra Singh. Versus THE STATE OF BIHAR ----------- 03. 09.03.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 323, 384, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the First Information Report speaks of rivalry in business of lifting sand between Obersan Yadav and the informant in course of which the present occurrence has taken place. The petitioners are said to have come in support of the said Obersan Yadav who is the main assailant and therefore the informant was directed to file an affidavit with regard to the petitioners’ antecedents. With regard to petitioner No. 1 it has been submitted by the informant that he was an accused in case of 1990 about which counsel for the petitioners submits that he has been acquitted in - 2 - the same whereas there is no antecedent of the petitioner No. 2. In view of such, let the petitioners above named who are merely members of the mob 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 Chief Judicial Magistrate, Danapur in connection with Paliganj P.S. Case No. 16 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. (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 give an undertaking that they will receive the - 3 - 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 delays 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. Vikash/- (Anjana Prakash, J.)