IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26426 of 2011 1. Mantu Jaiswal, son of Late Durga Jaiswal 2. Santosh Mahto, son of Late Pramod Mahato Versus The State Of Bihar ----------- 2. 06.09.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 379, 279, 504/34 of the Indian Penal Code and Section 3(X) SC/ST Act. It has been submitted that the matter has been compromised between the parties and it would not be in the interest of justice to put the petitioners behind the bars in such circumstances. Considering the same, let the petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Khajekalan P.S. Case No. 17 of 2011, shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City at Patna, 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 is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address 2 of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and, if 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. (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 Magistrate will initially release the petitioners on provisional bail and notice the Informant and only if he supports the factum of compromise, shall the provisional bail be confirmed. S.Ali ( Anjana Prakash, J.)