IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45410 of 2009 1. FULO YADAV SON OF JIBO YADAV 2. MUKESH YADAV @ MUTRA YADAV SON OF BHIKHO YADAV Versus STATE OF BIHAR ----------- 3/ 29.03.2010 Heard Mr. Ranjan Kumar Jha, learned counsel appearing for the petitioners and Mr. Dasarath Mehta , learned Addl. P.P. for the State. Petitioners apprehend their arrest in connection with Bihpur P.S. Case No. 237 of 2007, dated 03.09.2007 registered for the offence under sections 147, 148, 149, 307, 429, 379 of the Penal Code and section 27 of the Arms Act. Learned counsel for the petitioners submits that according to the prosecution case, co-accused Rajo Yadav is specifically alleged to have fired upon the informant, causing injury to her. So far petitioners are concerned; there is no specific allegation of causing any specific injury either to the informant or any other persons. They are said to be the members of mob. He also states that in fact the petitioners have fair antecedent and there is no criminal case against them. Learned counsel for the State has opposed the prayer for anticipatory bail. Be that as it may, in view of the fact that the petitioners are said to be the members of mob, in the event - 2 - of their arrest of surrender in the court below within four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M., Naugachia in Bihpur P.S. Case No. 237 of 2007 subject to the condition as laid down under section 438(2) of the Cr.P.C. and subject to further conditions that : (A) one of the bailors must be government servant or close family members of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioners shall make regular pairvi in the court below in the present case either - 3 - by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. ( Birendra Prasad Verma, J ) BTiwary/