IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.20538 OF 2009 1. JITENDRA YADAV @ JITO YADAV, 2. SUNIL YADAV 3. RABINDRA YADAV, ALL SONS OF BILASH YADAV @ RAM BILASH YADAV, ALL RESIDENTS OF VILLAGE HERUDIARA, P.S. KASHIM BAZAR, DISTRICT MUNGER…………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR……….OPPOSITE PARTY ----------- 4 15.10.2009 Heard learned senior counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The case is under section 302 read with section 34 of the Indian Penal Code and section 27 of the Arms Act. From the statements made by the deceased in P.M.C.H., Patna, allegation against the petitioners is of having assaulted the mother of deceased by lathi etc. The allegation of firing on the deceased is on accused Ranjit Yadav. Learned counsel for the informant has pointed out that accused persons are trying to threaten the witnesses and tamper with evidence in respect of which a petition has been filed by the informant with the Officer Incharge of the police Station as is evident from Annexure-A to the counter affidavit. However, considering the allegation made against the petitioners in the statements of the deceased annexed as Annexure-1, the application is - 2 - allowed. Let petitioners, namely, Jitendra Yadav @ Jito Yadav, Sunil Yadav and Rabindra Yadav, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Kashimbazar P.S. Case No.9/2009, G.R. No.67/09 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. However, police will be at liberty to investigate with regard to allegation of the informant of any attempt of tampering or influencing the evidence of the witnesses by the accused persons and take steps against them in accordance with law. B.T (J.N. Singh, J.)