IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 19879 of 2010 1. SHEO DEYAL SINGH son of Late Batali Singh, 2. Ram Badan Singh son of Late Guha Singh, 3. Sunil Singh, 4. Rajan Singh, both sons of Ram Badan Singh & 5. Ajay Singh son of Paras Singh Versus STATE OF BIHAR ----------- 2/ 14.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 147, 148, 149, 341, 323, 324, 325 and 307 of the Indian Penal Code. Submission is that for the same occurrence son of petitioner no.2 instituted a case against the informant and others stating therein that he and others had been variously assaulted by the informant and others. This information was given on 25.3.2010 for the occurrence that had taken place on 24.3.2010. One day later i.e. on 26.3.2010, the present First Information Report was instituted alleging general assault against all the accused persons. Further submission is that even though there is specific overt act alleged against the petitioners but there is no intervening circumstance and in absence of the same the assault was not repeated and, therefore, in the facts of the case no offence under section 307 Indian Penal Code would be made out. Moreover, simple injuries have been sustained by the injured. In view of such, in the event of surrender of the petitioners, named above, within four weeks from today in connection with Sandesh P.S. Case No.34 of 2010, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) - 2 - with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, 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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the petitioners shall undertake to be represented on the first date after cognizance and in case they failed to do so, their bail bond will be liable to be cancelled and (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. JA/- (Anjana Prakash, J.)