IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28463 of 2011 1. Matar Paswan son of Dindayal Ram 2. Chhotu Paswan son of Dindayal Ram Versus The State Of Bihar ----------- 2. 19.9.2011 It has been submitted that the petitioner no.1 has surrendered and, therefore, his application has become infructuous. The prayer for anticipatory bail of the petitioner no.1 is dismissed as such. Heard learned counsel for the petitioner no.2 and the State. The petitioner no.2 is apprehending his arrest in a case registered under Sections 147, 148, 149, 353, 332, 504, 327, 307 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner no.2 is one of the members of the mob of about 500 persons and there is no specific overt act alleged against him. Considering the same, let the petitioner no.2 above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Arrah Nawada P.S. case No.236 of 2006 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Arrah, subject to the conditions as laid down under Section - 2 - 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor 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 bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he 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 ground of misuse, (iii) 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, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )