IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13198 of 2011 1. Surendra Singh S/o Late Muni Singh 2. Vikash Singh S/o Surendra Singh Versus The State Of Bihar ----------- 4. 25.7.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in Natwar P.S. case No.79 of 2010 registered under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the father of the informant was killed by some unknown persons. During investigation one witness stated that he had seen three unknown persons going towards the field of the petitioners and, therefore, they were implicated in the present case. Considering that there is no direct material against the petitioners, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Natwar P.S. case No.79 of 2010 on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bikramganj, Rohtas, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also the conditions (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving - 2 - 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 an accused in any other case and, 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays 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. Narendra/ ( Anjana Prakash, J. )