IN THE HIGH COURT OF JUDICATURE AT PATNA 1. Cr.Misc. No.7755 of 2010 1. SANATAN KUMAR GIRI @ STADAN @ SANATAN GIRI,son of Lal Bahadur Giri,resident of village- Raipur,P.S.-Ujiarpur,District-Samastipur. 2. Ram Anuj Kumar Bharti @ Ram Manoj Kumar Bharti. 3. Ram Awdesh Kumar Bharti. 2 and 3 are sons of Hari Krishna Bharti, resident of village- Akha Bisanpur, P.S.-Ujiarpur,District-Samastipur. 4. Dharmendra Kumar Giri,son of Sakaldeo Giri. 5. Mangal Giri,son of Ram Prit Giri 4 and 5 are resident of village-Raipur, P.S.- Uajiarpur,District-Samastipur... .. .. Petitioners Versus THE STATE OF BIHAR.. .. Opp.Party with 2. Cr.Misc. No.16829 of 2010 SUNIL PRASAD SINGH @ SUNIL KUMAR,son of Hari Nandan Singh,resident of village-Raipur Mahadeo Asthan, P.S.-Ujiarpur, District-Samastipur.. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party with 3. Cr.Misc. No.14028 of 2010 AMRESH BHARTI,son of Sri Uma Shankar Bharti, resident of village-Aakaha Bishanpur, P.S.-Ujiarpur,District-Samastipur.. .. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party with 4. Cr.Misc. No.10124 of 2010 NAVIN KUMAR @ NAVIN KUMAR BHARTI,s/o Shashi Bhushan Bharti resident of village-Akoha, P.S.- Ujiyarpur,District-Samastipur... .. .. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioners : M/s Choudhary Shyam Nandan, Deepak Kumar Singh @ Chauhan & Pankaj Kumar, Advocates For the State : M/s Ram Priya Sharan Singh, Dilip Kumar, Binod Kumar No.2 & Akbar Ali, Addl.P.Ps. ------------- 03/ 18-05-2010 Heard the Parties. In a criminal prosecution for the offences under 2 Sections 143/427/323 of the Indian Penal Code as also under Sections 146, 147, 150 and 174 of the Railways Act, 1989, an unruly mob of about 50 unknown persons are alleged to have pelted stones causing damages in 3019 Up passenger train at Ujiarpur Railway Station. Excepting petitioner Navin Kumar @ Navin Kumar Bharti, petitioners are not named in the FIR as accused. During the course of investigation complicity of the petitioners appears to have transpired. It is submitted on behalf of the petitioners of Cr.Misc.No.7755 of 2010 and petitioner of Cr.Misc.No.16829 of 2010 that they all are College going students and have got bright academic career. Petitioner of Cr.Misc.No.14028 of 2010 is stated to be medicine shop owner, running his Medical shop at Ujiarpur. So far petitioner-Navin Kumar @ Navin Kumar Bharti is concerned, though he is named in the FIR as an accused, but it is submitted that he was admittedly not present there at the alleged place of occurrence, as he was sent to Barauni after his arrest by the R.P.F. in connection with chain pulling of 5027 Up passenger train. It is submitted that he is also a student and merely because of his apprehension in another incident, his name has been included in the present FIR. It is further submitted that merely on suspicion and surmises petitioners have been arrayed in the category of accused in the present case. Learned counsels appearing on behalf of the State have strongly opposed the prayer for anticipatory bail. 3 Be that as it may, in the facts and circumstances of the case, in the event of arrest/surrender within a period of four weeks from today in Samastipur (G.R.P.S.) Case No.82 of 2009, the above named petitioners shall be released 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 the Railway Judicial Magistrate, Samastipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that: (a) one of the bailors must be a Government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (b) if the petitioners is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all 4 concerned and (c) the petitioners shall make regular Pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. It is also directed that the learned Magistrate shall take up the trial of the petitioners at an early date and all endeavours shall be made to conclude the trial within a period of one year from today. If any of the petitioners does not co-operate or deliberately delay the disposal of the trial, then it will be open for the learned trial court to separate trial of such an accused and to take steps for cancellation of bail bonds of that accused-petitioner. AH/ ( Birendra Prasad Verma, J.)