IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30671 of 2010 1. RAM PRASAD BHAGAT son of Jai Narayan Bhagat, 2. Sukhari Bhagat, & 3. Rama Shankar Bhagat Versus STATE OF BIHAR ----------- 4/ 26.03.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 302 and other allied sections of the Indian Penal Code. It has been submitted that the petitioners are named in the First Information Report on the basis of suspicion but after investigation the case concluded in final report which was accepted by the Court, but cognizance was taken on the protest-cum- complaint petition. In view of such, in the event of surrender of the petitioners, namely, 1.Ram Prasad Bhagat, 2. Sukhari Bhagat, and 3. Rama Shanker Bhagat, within three weeks from today in connection with Complaint Case No.607 of 2009, 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 satisfaction of the Chief Judicial Magistrate, Siwan, subject to 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 2 petitioners shall undertake to be represented on the first date after cognizance 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.)