IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33663 of 2011 1. Anand Kumar Gupta @ Arvind Kumar Gupta, son of late Jawahar Sao. 2. Prem Kumar Gupta @ Naresh Kumar Gupta, son of Late Jawahar Sao. Versus The State Of Bihar ---------------------------------- 3 16.12.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 420, 465, 467, 468, 384, 323, 504, and 120B of the Indian Penal Code. The allegation against the petitioners is that the some land has been sold to different persons. The submission of the petitioners is that the complaint is purely civil in nature. The counsel for the complainant submits that in view of the fact that other co-accused persons were granted anticipatory bail petitioners also deserve anticipatory bail but the petitioners should be required to give undertaking before this Court that they will not sell the land to any persons further. In view of such, it is ordered that in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order in connection with Complaint Case No. 184(c) of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna, 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 2 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, (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, and (iv) 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. The petitioners will also give undertaking that they will not sell the land any further and if, they do, their bail will be liable to be cancelled. Md. Ibrarul ( Anjana Prakash, J.)