IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32881 of 2011 1. Akhilesh Yadav, 2. Radheshyam Yadav both son of Timal Yadav, 3. Garib Yadav, 4. Timal Yadav both son of Bishuni Yadav & 5. Sahib Yadav son of Balister Yadav …Petitioners Versus The State Of Bihar …OP ----------- 2/ 13.10.2011 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under section 307 and other allied sections of the Indian Penal Code. Considering that the occurrence took place on the spur of the moment on account of the petty dispute between the parties and there is counter version with regard to the same as also five persons were injured from the side of the accused, let the petitioners, above named, 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 below to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, Wet Champaran, in connection with Semara P.S. Case No.38 of 2011 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and, if 2 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) 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. The fact that the petitioners have clean antecedents will be verified by the court below before releasing them on bail. JA/- (Anjana Prakash,J.)