IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17687 of 2010 RAM KISHUN YADAV & ORS . Versus STATE OF BIHAR . ----------- 2 20.05.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners herein are accused in connection with Gopalganj P.S. Case No. 368 of 2004 (G.R.No.2403 of 2004) for the offences punishable under Sections 341, 323, 324 and 307/34 of the Indian Penal Code The petitioners have been accused of assaulting the informant. Learned counsel for the petitioner on the issue of delay in moving this Court, submits that in this case the police in fact had submitted final form in favour of the petitioners 2 to 5 on 29.6.2006 and it is only after the Court below has taken cognizance in the matter on 5.3.2009 against all the accused persons and that has necessitated the filing of the present application. Learned counsel further submits that the case in question is in fact a counter case to the case earlier instituted by the petitioner No.1, Ram Kishun 2 Yadav against the informant of the present case Ramesh Yadav. He further submits that the allegation set out in the F.I.R. are omnibus and general in nature and further the parties have compromised the issue amongst themselves and evidence whereof can be found in the compromise petition filed before the Court below and placed at Annexure-6 of the anticipatory bail application. He thus submits that in the circumstances the petitioners deserve consideration. Having regard to the submissions made by learned counsel for the petitioner, let the petitioners namely, Ram Kishun Yadav, Jai Kishun Yadav, Madan Yadav, Shankar Yadav and Harikesh Yadav be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from today upon each of them furnishing individual bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No.368 of 2004 (G.R.No.2403 of 2004), subject to the stipulation provided under Section 438(2) of the Code of Criminal Procedure. The 3 petitioners would also be required to attend the Court below on each and every day fixed and the failure on their part to attend the Court below on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the Court below, would grant liberty to the Court concerned to initiate proceeding for cancellation of their bail bond and for taking them into custody. Bibhash ( Jyoti Saran, J.)