IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8748 of 2010 1. RAKESH VERMA, S/o Shri Mathura Prasad Singh. 2. Kameshwar Yadav, S/o Shri Ram Ratan Yadav. Versus THE STATE OF BIHAR ----------- 02. 12.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code read with Section 27 of the Arms Act. On the date of occurrence a dispute arose between Obersan Yadav and the informant for lifting of sand which led to the present occurrence in which co-accused Obersan Yadav has been alleged to have fired at the deceased killing him but the petitioners are merely members of the mob. Under the circumstances, let the petitioners above named have clean 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, Patna in connection with Paliganj P.S. Case No. 16 of 2009 subject to the following conditions:- (i) - 2 - 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 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. Vikash/- (Anjana Prakash, J.)