IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43861 of 2010 1. BRIJ MOHAN YADAV 2. ROHAN YADAV 3. LORIK YADAV, ALL THREE SONS OF DHELI YADAV 4. DHELI YADAV 5. LALJI YADAV 6. LALAN YADAV 7. NANDLAL YADAV, ALL FOUR SONS OF SHIV CHARAN YADAV Versus THE STATE OF BIHAR ----------- 3. 14.3.2011 Heard learned Counsel for the petitioners, State and the informant. The petitioners seek bail in a case instituted for the offence u/ss.147, 148, 149, 341, 324, 307, 379 and 302 of the Indian Penal Code. It has been submitted that the occurrence took place on account of minor dispute and even though the petitioners are named in the First Information Report, there is no specific overt act alleged against them. Considering the same as also that the petitioners have fair antecedents, let the petitioner above named, who are in custody since 16.7.2010, 19.7.2010 and 21.7.2010 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Addl. Chief Judicial Magistrate, Bagaha, West Champaran in Semra P.S. case No.35 of 2010, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of 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, (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 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, (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In case there is any complaint with regard to the conduct of the petitioners, immediate action shall be taken against them. Narendra/ ( Anjana Prakash, J. )