IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25331 of 2011 1. Umesh Mandal, son of Shri Vashishtha Mandal 2. Sunil Mandal, son of Shri Madan Mandal 3. Bittu Mandal @ Bitoo Kumar Mandal, son of Shri Raman Mandal Versus The State Of Bihar ----------- 2. 18.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 341, 323 and 386 of the Indian Penal Code. The case of the Complainant is that when he was returning home, one Dilip Mandal threatened him on the point of a dagger and also assaulted him. The rest of the accused persons caught him and, thereafter, accused Rajiv Mandal pointed out a pistol at him and took away Rs. 1,500/- from his possession. The rest of the accused persons also took away articles he was carrying. It has been submitted that it is evident that there is no specific overt act alleged against the petitioners and the nature of allegations levelled against them appears to be highly unbelievable. The specific assertion is that the petitioners have fair antecedents. In view of such, let the petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Sitamarhi Complaint Case No. 1771 of 2010, 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 Judicial Magistrate, 1st Class, Sitamarhi, 2 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 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. S.Ali ( Anjana Prakash, J.)