IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12167 of 2011 1. BHAGWAN PRASAD @ BHAGWAN 2. RAJAN PRASAD @ RAJAN KUMAR Versus THE STATE OF BIHAR ----------- 2 05.05.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 461 and 379/34 of the Indian Penal Code. The accusation is of committing theft of mobile phone, battery, ear phone and cash from the shop of the informant. Since, the petitioners were on litigating terms with the informant and the petitioners threatened the informant, hence, it is suspected that the petitioners might have committed the offence. It is submitted by learned counsel for the informant that the petitioners are involved in other cases also. A supplementary affidavit has been filed to the effect that the petitioners are accused in the cases of petty nature lodged by neighbour or by the agnates. The 2 petitioner no.1 is 70 years old and it appears that the petitioners' side lodged a case against the family members of the present informant on 20.11.2009 when the present case has been lodged on 15.12.2010. The litigated relationship between the parties clouds the bona fide of the accusation. Considering the aforesaid facts, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ara at Bhojpur in connection with Ara Nawada P.S. Case No. 514/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)