IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22139 of 2009 1. MITHILESH KUMAR @ MITHILESH RANJAN 2. ABDHESH KUMAR ….. PETITIONERS Versus 1. THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 10.09.2009 Heard both sides. Both the brothers have approached this Court seeking anticipatory bail in a case instituted under Sections 420, 406/34 of the Indian Penal Code. It is contended that, in relation to an occurrence that had taken place in May, 2005, present case was lodged initially by way of complaint on 11.7.2008, which was subsequently treated as an F.I.R. on 21.7.2008. Referring to Annexure-2, it is contended that petitioner no.1, earlier lodged a case against the present complainant/ informant. It is next contended that petitioner no.1 has absolutely no criminal antecedent. So far as petitioner no.2 is concerned, it appears from the record that he carries criminal antecedent. He is facing prosecution under Section 376/511 of the Indian Penal Code. In the facts and circumstances of the case, this Court is persuaded to admit the petitioner no.1 2 to anticipatory bail, in the event of arrest or surrender in the court below within four weeks from the date of receipt of a copy of this order on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 363 of 2008, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. So far as, petitioner no.2 is concerned, the application seeking anticipatory bail is rejected. He may surrender in the court below and apply for regular bail, which shall be considered on its own merit uninfluenced by the present order. P.K. (K.K. Mandal, J.)