IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.18650 of 2011 Om Prakash Rai @ Prakash Kumar Versus The State Of Bihar ---------------------------------- 3 29.7.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. On 23.5.2010 First Information Report was instituted by Shiv Prasad Rao stating therein that when his nephew and one Mukesh Rai were returning the petitioner rebuked him as to why he was driving vehicle so fast upon which scuffle took place between the petitioner and nephew of the informant and Mukesh Rai.In the meantime, Nagendra Rai fired from his country made pistol at Awadhesh Rai but it did not hit him and hit one Rakesh Rai on account of which he was injured. Thereafter number of villagers gathered and caught hold of Awadhesh Rai and Mukesh Singh and assaulted with brick, stones and rod as a result of which both of them lost their lives in course of treatment in the hospital.Just before the present case was instituted a fard beyan was given by the mother of the petitioner wherein she stated that aforesaid two deceased alongwith other had entered into her house and had started to search the petitioner which was resisted by them. When Rakesh Rai tried to rescue the petitioner Amit Singh fired on account of which he became injured. Then the villagers caught hold of Mukesh Singh and Awadhesh Singh and assaulted them variously due to which they died. Three days later a complaint was also filed in this 2 regard to this occurrence by one Ranjit Rai, the brother of the deceased, Awadhesh Rai, in which he stated that the petitioner was one of the persons who had called out the deceased. Whereafter they were assaulted and taken away. Considering that in the First Information Report there is no allegation of assault against the petitioner and he has a fair antecedent, let the petitioner, above named, in the event of his surrender within four weeks from the date of receipt of a copy of this order in connection with Marhaura P.S. Case No.80/10 be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, subject to conditions as laid down under Section 438(2) of Cr.P.C. and (A) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (B) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail and further the petitioner shall undertake to be represented on the first date after cognizance if the investigation in the case is still pending and in case he fails to do so, his bail bond will be liable to be cancelled ( C ) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for 3 cancellation of bail on the ground of misuse, (D) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and (E) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. AnilKrSinha ( Anjana Prakash,J.)