IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19592 of 2010 (1) SHANKAR PASWAN (2) DILIP PASWAN Versus STATE OF BIHAR ----------- 02/ 14.06.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners herein have been made accused in a case arising from Bakhtiyarpur P.S. Case No. 261 of 2009 (incorrectly printed as 161 of 2009 in the order passed by the court below in the case of Shankar Paswan). There is general allegation against unruly mob of almost 500 of which the present petitioners are said to be members of resorting to attack on the police station causing grievous injuries to the informant and other officers of the police station. Learned counsel for the petitioners submits that the allegation is of general nature and the entire mob has been attributed with the same offence. He submits that two persons who were apprehended at the spot, namely, Mahadeo Sharma and Palai Sharma @ Polay Sharma have been granted bail by a Bench of this Court in Criminal Misc. No. 44591 of 2009 vide order dated 24.12.2009 (Annexure-2). He further submits that nine other accused persons have been granted anticipatory bail by a Bench of this Court in Criminal Misc. No. 16150 of 2010 dated 21.5.2010. He submits that the case of the present petitioners is on same and similar footing as - 2 - there is no direct or indirect allegation of assault against these petitioners. Having regard to the submissions aforesaid, let the petitioners Shankar Paswan and Dilip Paswan be released on individual bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 261 of 2009 subject to the following conditions: (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; (ii) 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; (iii) That the petitioners will give an undertaking that they 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Sb/- (Jyoti Saran, J.)