Patna High Court Cr.Misc. No.45145 of 2011 (2) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45145 of 2011 ====================================================== 1. Arjun Singh @ Arjun Sharma son of Late Kishori Sharma @ Kishor Sharma 2. Mantu Singh @ Mantu Sharma son of Lalan Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No.2, Advocate For the Opposite Party/s : Mr. V.L. Verma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 2. 1.2.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code as well as 131 of the R.P. Act and 3(VII) of the SC/ST Act. By order dated 13.10.2011 the petitioners were allowed bail on consideration that they have fair antecedents. It has been submitted that there were two cases pending against the petitioners, one of which pertains to an occurrence to the same date instituted by the police personnel and another instituted for the offence u/s.304B I.P.C. On account of pendency of these two cases, the petitioner could not be released on bail since an affidavit that the petitioners have fair antecedents could not be filed in the court below. Considering that the antecedents of the petitioners Patna High Court Cr.Misc. No.45145 of 2011 (2) dt.01-02-2012 have been explained, 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 four weeks from today in connection with Tekari (Mau O.P.) P.S. case No.76 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (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 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 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, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Patna High Court Cr.Misc. No.45145 of 2011 (2) dt.01-02-2012 A sum of Rs.500/- each shall be deposited on behalf of the petitioners before District Legal Aid Committee. Narendra/ ( Anjana Prakash, J. )