IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28106 of 2011 1. Mahavir Sao son of Raghunandan Sao & 2. Ajay Kumar son of Jagdish sao …Petitioners Versus The State Of Bihar …OP ----------- 2/ 15.09.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 364 and 120-B of the Indian Penal Code. It has been submitted that from the facts of the case itself it appears that the entire allegations are speculated and based on suspicion. In view of such, in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order in connection with Haspura P.S. Case No.101 of 2007, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, subject to conditions as laid down under section 438 (2) Cr. P.C., and (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. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the bailors shall also state on affidavit that they 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 2 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 and (iv) 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. Initially, the petitioners will be released on provisional bail and thereafter a report will be called for as to whether any case of similar nature is pending against them and only after the report comes in favour of the petitioners, the provisional bail of the petitioners shall be confirmed. JA/- (Anjana Prakash,J.)