IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31970 of 2011 1. Upendra Singh son of Gyani Singh, 2. Gudan Singh son of Late Shyam Bihari Singh, 3. Bhannu Kumar son of Dhirendra Singh, 4. Suraj Kumar Singh son of Om Prakash Singh, & 5. Sarvottam Kumar son of Anil Singh …Petitioners Versus The State Of Bihar …OP ----------- 2/ 18.11.2011 It has been submitted that petitioner no1, Upendra Singh, has been arrested and, therefore, this application in his respect has become infructuous. In view of such, this application is dismissed as against the petitioner no.1, Upendra Singh. Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 307 and other allied sections of the Indian Penal Code. With regard to petitioner nos. 2 to 5, it has been submitted that the only allegation against them is of being members of the unlawful assembly which was protesting against the accidental death of the girl and there is no specific overt alleged against them. In view of such, in the event of surrender of the petitioners, namely, 2. Gudan Singh, 3. Bhannu Kumar, 4. Suraj Kumar Singh & 5. Sarvottam Kumar within four weeks from the date of receipt of a copy of this order in connection with Masaurhi P.S. Case No.111 of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) each with two sureties of the like amount each to the 2 satisfaction of the Sub-Divisional Judicial Magistrate, Masaurhi, Patna, subject to the conditions as laid down under section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail and further the petitioners shall undertake to be represented on the first date after cognizance if the investigation in the case is still pending and in case they fail to do so, their bail bond will be liable to be cancelled (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)