IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8087 of 2011 1. Shankar Yadav, son of Sri Jageshwar Yadav 2. Arjun Yadav, S/o Sri Babuan Yadav 3. Kari Yadav S/o Sri Jageshwar Yadav. 4. Jairam Mahto, son of Laxmi Mahto 5. Kari Ram, son of Late Shri Ram 6. Rameshwar Mukhiya, son of Sufal Mukhiya 7. Jagdish Mukhiya, son of Yadu Mukhiya 8. Laxmi Sah, Son of Hakko Sah 9. Mahendra Sah, son of Nunu Sah 10. Kamal Sah, son of Badar Sah 11. Upendra Sah, son of Nunu Sah 12. Ramchandra Sah, son of Bokaran Sah 13. Amir Yadav, son of Rajendra Yadav 14. Surendra Yadav @ Suren Yadav, son of Ramo Yadav 15. Mahesh Yadav, son of Sri Jageshwar Yadav 16. Laxmi Mukhiya, son of Basudeo Mukhiya. 17. Chhotakain Mukhiya, son of Laxmi Mukhiya. 18. Jagdeo Mukhiya, son of Baua Mukhiya 19. Dhalay Mukhiya, son of Laxmi Mukhiya 20. Parwal Mukhiya, son of Tilay Mukhiya 21. Md. Salauddin, son of Md. Ibrahim 22. Md. Nizam, son of Md. Ibrahim 23. Habib Khan, son of Nasir Khan 24. Dukha Mian son of Lelhu Mian 25. Hira Mukhiya, son of Basudeo Mukhiya 26. Ramchandra Ram son of Kari Ram 27. Prem Chandra Ram, son of Kari Ram 28. Mishri Ram, son of Late Subelal Ram All resident of village Kedli, P.S. Nauhatta, Distt. Saharsa. ------- Petitioners. Versus The State Of Bihar ----Opposite Party ----------- 4. 26.7.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that about 100-150 2 unnamed and 40 named accused committed various excesses in which the petitioners were also members of the mob. There is no specific overt act alleged against the petitioners. Considering the same as also that they have no criminal antecedents, let the petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Nauhatta P.S. Case No. 34 of 2010, 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 Chief Judicial Magistrate, Saharsa, 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 bailor 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 accused in any other case and, if they are, they shall not be released on bail. (iii) That 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 be present on 3 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. (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. S.Ali ( Anjana Prakash, J.)