IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22291 of 2011 1. Md. Rakim son of Md. Tasleem & 2. Md. Muslim alias Fucho son of late Dhodhai Miyan …Petitioners Versus The State Of Bihar …OP ----------- 2/ 02.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. It has been submitted that for the same occurrence another case was instituted by Md. Sattar and from the facts of both the cases it appears that there was free fight between the parties in which death was caused of one person from the side of the accused as well. Allegation against the petitioner no.2 is that he ordered, whereas, allegation against petitioner no.1 is that he fired upon one Md. Ismail, but the injuries sustained by him was simple and caused by hard blunt substance. Considering the same as also the nature of dispute, it is ordered that in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order, in connection with Birpur P.S. Case No.59 of 2010, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to conditions as laid down under section 438 (2) Cr. P.C., and (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 2 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 bailors shall also state on affidavit that they 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, (iii) 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 (iv) 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. JA/- (Anjana Prakash,J.)