IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27172 of 2008 AWADH BIHARI SINGH & ANR Versus THE STATE OF BIHAR ----------- 2/ 20/8/2008. Heard learned counsel for the petitioners and learned counsel for the State. The prayer for anticipatory bail is renewed in a police case under Sections- 302, 364 and 201/34 of I.P.C. and 27 of the Arms Act to submit that the petitioners are similarly situated as co-accused enlarged on anticipatory bail in Cr.Misc.No.5603/06, more particularly, that the deposition on basis of which the petitioners have also been summoned under Section- 319 Cr.P.C. equally alleges that they were also only a member of the assembly with no individual overt act against him. Considering the grant of anticipatory bail to similarly situated co-accused let the petitioners Awadh Bihari Singh and Birendra Singh surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Additional Sessions Judge,II, Gopalganj in Sessions Trial No.47/2000 (arising out of the aforesaid Bijaipur P.S. Case No.41/91), subject to the conditions laid down under Section- 438(2) of Cr.P.C. The petitioners shall be bound to remain present in the court below on the dates fixed so that the progress of the same be not 2 hindered for reason of his absence. Should the petitioners absent them contrary to the satisfaction of the court below hindering the progress of the trial, the prosecution shall retain the liberty to move for cancellation of his bail bonds when he shall be taken into custody so that the trial be expedited. KC ( Navin Sinha,J )