IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26600 of 2011 Surya Bansh Singh son of late Gauri Shankar Singh Versus The State Of Bihar ----------- 2/ 08.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under section 307 and other allied sections of the Indian Penal Code. The genesis of the occurrence is that on 15.02.2011 a Yaga had taken place in the village of the petitioner where an altercation had taken place between the villagers of the informant and the villagers of the petitioner. On 20.02.2011, two cases were filed; one by Pawan Kumar Singh and another by the present informant. In the case instituted by the informant, he stated that while he was fleeing away the petitioner and others fired from the bank of the river on account of which 4-5 persons were injured. In the case filed by Pawan Kumar Singh, it was stated that the accused persons came to the village and tried to forcibly kidnap Satyendra Singh @ Bhola Singh on account of which clash took place between them. Considering the facts emerging in the case and the fact that the petitioner has no criminal antecedents, it is ordered that in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order in connection with Sasaram (M)P.S. Case No.157 of 2011, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five 2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, 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 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, (ii) 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 (iii) 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 after his 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 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 (v) 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. JA/- (Anjana Prakash,J.)