IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 22240 of 2011 Motilal Yadav, S/o Shambhu Yadav. Versus The State Of Bihar ----------------- 03. 27.09.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 379, 376 and 511 of the Indian Penal Code. It has been submitted that initially one Sanjay Yadav brother of the petitioner was named as the miscreants in the First Information Report as also the further statement but subsequently the name of the petitioner was replaced stating that it was by mistake that the brother of the petitioner was named. The further submission is that now the matter has been compromised between the parties. Considering the same, let the petitioner, above named be released on provisional anticipatory bail for a period of two months in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Manpur P.S. Case No. 02 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner 2 who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) 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 the ground of misuse. (iv) 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. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. After the petitioner is released on provisional bail the Court will notice the informant and confirm that he has compromised with the accused persons and if the informant supports the same the provisional anticipatory bail granted to the petitioner shall stand confirmed. Vikash/- (Anjana Prakash, J.)