IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4569 of 2010 1. ANTU YADAV 2. BISHANDEV YADAV @ SHUKHARI YADAV, BOTH SONS OF LATE DHIVAN YADAV Versus STATE OF BIHAR ----------- 2. 18.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364 and 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioners are agnates of the informant and they have been suspected to have committed this offence on account of an earlier land dispute, which was not being resolved between the parties, but there is no eye witness to the occurrence, let the petitioners above named, who are in custody since 26.10.2009, 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 C.J.M., Banka in Banka P.S.case No.352 of 2009, subject to the 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 an accused in any other case and if they are they shall not be released on bail and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given - 2 - 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. Narendra/ ( Anjana Prakash, J. )