IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25386 of 2011 1. Shivalal Das S/o Santoshi Das 2. Tuntun Das S/o Late Molbi Das 3. Bharat Das S/o Late Molbi Das 4. Babu Lal Das S/o Late Kishore Das 5. Mithalesh Das S/o Late Jeetu Das 6. Ramsube Das S/o Late Saudagar Das Versus The State Of Bihar ----------- 2. 23.8.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 308 and 504 of the Indian Penal Code. Considering that there is a counter version of this occurrence and in the counter case the injured subsequently died, on account of which Section 302 I.P.C. was added, let the petitioners above named, who have fair antecedents, 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 Guraru P.S. case No.41 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) 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 petitioners who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if 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 ground of misuse, (iv) 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 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )