IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20410 of 2010 RAJA RAM MAHTON SON OF LATE AGHORI MAHTO Versus STATE OF BIHAR ---- 2. 16.6.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 147, 148, 149, 323, 341, 353, 337, 307, 427, 436, 379 of the Indian Penal Code, 27 of the Arms Act and 131 of the Railway Act as well as ¾ of Damages of Public Property Act. The submission is that the petitioner is not one of the 21 persons named in the First Information Report as accused and later on his name transpired during investigation without any specific overt-act. The further submission is that the petitioner has no criminal antecedents. In view of such, in the event of surrender of the petitioner, named above, within four weeks from today in connection with Begusarai Rail P.S.case No.27 of 2004, he shall be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Barauni, 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 petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the - 2 - address of the petitioner, (ii) that the petitioner shall undertake to be represented on the first date after cognizance and in case he fails to do so, his bail bond shall be liable to be cancelled, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )