IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43661 of 2011 Rajesh Gond & Ors. Versus The State Of Bihar ---------------------------------- 2. 20.12.2011 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in Chainpur P.S.Case No. 186 of 2011 registered u/s 147, 148, 447, 448, 341, 323, 324, 307, 380 and 504 IPC. According to the FIR it appears that on 20th August 2011 at 9:30 P.M. when the informant was going to temple, one Rajesh Gond (Petitioner No.1) pushed the informant whereupon the informant asked him about the reason. Rajesh started abusing and when the informant tried to prevent him, he started assaulting with Lathi. The informant further alleged that he had run home to save himself. Later on Rajesh came holding a Lathi in one hand and country-made pistol in another hand. It has further been alleged that Raju Gond was assaulted with Lathi Suresh with Garasa, Babulal Munib, and Sanjay Gond came to his Darwaja and started abusing. When he had again tried to prevent, then Rajesh had given a Lahi blow on the head of the informant and Suresh had given a 2 Garasa blow. It has further been alleged that they had entered in the house and taken away money and other items. Petitioners have annexed copy of the injury report from which it appears that there are altogether 3 injuries, all simple in nature caused by hard blunt substance. Learned counsel for the petitioners stated that there is omnibus allegation against the petitioners of assaulting with Lathi whereas main allegation is against one Suresh Gond who had given a Garasa blow on the head of Shantanu. Under the circumstances, in the event of arrest or surrender within 4 weeks from to-day, petitioners (1) Rajesh Gond, (2) Raju Gond, (3) Babu Lal Gond, (4) Munib Gond and (5) Sanjay Gond are directed to be released on anticipatory bail on their furnishing bail bond of Rs.10,000/ - (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in Chainpur P.S.Case No. 186 of 2011, subject to the conditions as laid down u/s 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 bailor will undertake to 3 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 accused in any other case and if they are, they shall not be released on bail, (iii) the bailor shall also state on affidavit that he 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 shall be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail bond will be liable to be cancelled for the reasons of misuse and (v) that the petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled. Jay/ (Shivaji Pandey, J)