IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28803 of 2011 1.Pradeep Chandra Jain @ Pradeep Chandra, Son of Late Gulab Chandra Jain. 2.Manish Jain @ Manish Chandra Jain, Son of Sri Pradeep Chandra Jain. Resident of Pradeep Radio and Electricals, Jail road, P.S. Ara (Town), District Bhojpur. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party ----------- 02/- 15.09.2011 Heard Mr. Ravindra Kumar learned counsel for the petitioners, learned counsel for the informant and Mr. Ajay Kumar - No. 2 learned Additional Public Prosecutor for the State. The two petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 419, 420, 406, 467, 423, 468, 471 and 120B/34 of the Indian Penal Code. Submission is that petitioner no. 2 has already been apprehended, so prayer as regard to him has become infructuous. Accordingly, the application with respect to petitioner no, 2, namely, Manish Jain @ Manish Chandra Jain stands disposed of as withdrawn. Petitioner no. 1 is one of the named accused in this case relating to sale of fans in the name of ‘Pratigya’. Submission is that earlier prosecution side was dealing in the said business in the name and style of ‘Pragya’, but recently applied for registration in the name of ‘Pratigya’ also, whereas, petitioner side is dealing in the name of ‘Pratigya’ for last about two years and applied for registration and of course by prosecution side, but since transaction is going on, no wrong was committed. Prayer for anticipatory bail is sought on an additional ground of petitioner being 2 an aged person. Learned counsel for the informant tried to laid emphasis that the business in the name and style of ‘Pratigya’ was also running by the prosecution side for last about sixteen years. No doubt, for registration etc. application has been submitted recently, but prior to application filed by the petitioner’s side. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner no. 1 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara (twon) P.S. Case No. 124 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)