IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45091 of 2010 1. UPDESH SHARMA son of late Vishnu Dayal Sharma. 2. Sanjay Kumar Sharma @ Sanjay Sharma, son of Ram Chandra Sharma Both are residents of village- Chakbahauddin, Tola- Sijauli, P.S. Dalsingsarai, District- Samastipur. … Petitioners. Versus THE STATE OF BIHAR ----------- 2. 26.03.2011 Heard learned counsel for the petitioners and learned counsel for the State. At the outset, learned counsel for the petitioners would very fairly submit that as the petitioner no. 1 has already been arrested, his prayer for anticipatory bail has become infructuous. That being so, the prayer for anticipatory bail of petitioner no. 1 is, hereby, rejected. As with regard to petitioner no. 2, counsel for the petitioner seems to be correct that there is no direct allegation against him except calling names of the informant but then the value of such allegation probably in terms of provision made in the SC/ST Act will make it difficult for constituting the offence. This aspect of the matter will be gone into at the time of trial but then the petitioner no. 2 on the basis of the materials would be entitled for grant of anticipatory bail. 2 That being so, this Court would direct for release of the petitioner no. 2, namely, Sanjay Kumar Sharma @ Sanjay Sharma on bail in the event he would surrender within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai in connection with Dalsingsarai P.S. Case No. 123/2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the 3 prayer for anticipatory bail of the petitioner is allowed. kanchan (Mihir Kumar Jha, J.)