IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1246 of 2011 1. RAMU CHAUHAN 2. Jhamu Chauhan both sons of late Vishwanath Noniya, 3. Manoj Chauhan Son of Ramu Chauhan 4. Sanjay Chauhan Son of Jhamu Chauhan All resident of village Nandana, P.S. Chainpur, District- Kaimur at Bhabhua. Versus THE STATE OF BIHAR ----------- 7. 26.03.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 342, 323, 380, 120 (B), 427 and 552 of the Indian Penal Code. It is alleged against the petitioners to have entered into the hermitage, dragged assaulted, the informant side and also taken away the articles. It is submitted by learned Senior counsel for the petitioners that there is a dispute with regard to title of the hermitage and for establishing this respective claims both sides are lodging cases against each other. It is admitted that out of four petitioners, two petitioners were granted anticipatory bail by a Bench of this Court in another case vide Cr. Misc. No. 11019 of 2010 in which bail bonds were accepted by the learned Court below on 15.05.2010, 2 thereafter petitioner nos. 1 and 2 chose not to appear resulting in issuance of non bailable warrant against them. It is submitted by learned Senior counsel for the petitioners that without cancelling the bail bond the warrant has been issued. But it is admitted that they have not challenged the order of the learned Court below by which warrant has been issued, but they are contemplating to challenge the same. Learned Senior counsel for the informant submits that in spite of the status quo order, they are interfering with the possession of the informant side and they are not only defying the orders of the Apex Court but they have no respect for the orders of this Court also which gets reflected from the admission of the petitioner side. It is undertaken by learned Senior Counsel for the petitioners that petitioners shall henceforth not violate any order of the Court. Considering the rival submissions, let the petitioners, namely, Ramu Chauhan, Jhamu Chauhan, Manoj Chauhan and Sanjay Chauhan in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 3 be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Chainpur P.S. Case No.77 of 2010, subject to the condition as laid down under Section 438(2) Cr.P.C. It is expected that petitioners will furnish the bail bond within a period of four weeks in Chainpur P.S. Case No. 77 of 2010 to the Satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua. It is expected from the investigating agency to complete the investigation expeditiously. It is also expected from Superintendent of Police, Kaimur at Bhabhua not allow the petitioners and others to go near the hermitage or to create any disturbance till the trial is concluded or any order in favour of the petitioners is being passed by any competent Court. Let the trial Court try to conclude the trial as expeditiously as possible on submission of final form. Anand Kr. ( Dinesh Kumar Singh, J.)