IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33546 of 2011 1. Sanjay Kumar Singh @ Pintu Singh, son of Sri Upendra Prasad Singh, resident of Mohalla - Bangali Tola, P.S. Laheriasari, District-Darbhanga ……Petitioner Versus 1. The State Of Bihar…………………………………………….Opp. Party. ----------- 3. 25-10-2011 Heard the parties. The petitioner is apprehending his arrest in Laheriasarai P.S. Case No. 304/11 for offences under Section 302/34 of the Indian Penal Code. From the F.I.R. it appears that the informant and his brother were involved in the medicine business and the informant has further stated that his brother was also involved in business with Sanjay Kumar Singh. It has been stated in the F.I.R. that 15-20 days before there was a dispute in the matter of distribution of money which resulted in killing of his brother. In a similar situation, one Rajesh Kumar Singh @ Pappu Singh has been granted anticipatory bail vide Cr. Misc. No. 28318 of 2011. The petitioner, is also to be granted bail with the same terms and conditions as mentioned in aforesaid case. The condition that has been mentioned in the case will equally apply to the petitioner. “Let the petitioner abovenamed, who has fair antecedents, be released on anticipatory bail in the event 2 of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Laheriasarai P.S. Case No. 304/2011 on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga at Laheriasarai, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure (i) That one of the bailor 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 bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That he 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 ground of misuse, (iv) That the petitioner will give an undertaking that he will receive 3 the police papers on the given date and be present on 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 the cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Mkc/ (Shivaji Pandey, J.)