IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30669 of 2009 AVINASH KUMAR @ ABHISHANKAR KUMAR Versus STATE OF BIHAR with Cr.Misc. No.36617 of 2009 SAKET KUMAR Versus STATE OF BIHAR ----------- 2/ 03-11-2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under sections 387, 379 and other provisions of the Penal Code. The petitioner in Cr.Misc.No.36617 of 2009 is alleged to have assaulted with a knife. The defence is of simple injury and co-accused Kanhaiya Kumar with similar allegation has been granted anticipatory bail in Cr. Misc. No. 25688 of 2009. The petitioner in Cr. Misc. No. 30669 of 2009 is only alleged to have present with no overt act of assault attributing. In view of the nature of allegations against the petitioner in Cr. Misc. No. 36617 of 2009 this Court finds it difficult to grant him anticipatory bail. The application is rejected. Any application for regular bail on his behalf shall be considered by the court below on its own merit in - 2 - the light of the order of this Court in Cr. Misc. No. 25688 of 2009, without being prejudiced by the present order. Let petitioner in Cr.Misc. No. 30669 of 2009, namely, Avinash Kumar @ Abhishankar Kumar, surrender in the court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bond of Rs. 40, 000/- (Forty thousand) with two sureties of the like amount each, both of which must be his father and mother, respectively, whose photographs and proof of residence shall be appended to the bail bonds and at the time when the bail bonds are accepted, the sureties shall also be required to be present in person for the satisfaction of the trial court, to the satisfaction of Addl. Chief Judicial Magistrate, Patna City, Patna in connection with Bahadur P.S. Case No. 45 of 2009, G.R. No. 902 of 2009, subject to condition as laid down under section 438(2) of the Cr.P.C. In the event of the petitioner being found involved in any criminal case or otherwise misusing the privilege of anticipatory bail, the court below shall be equally at liberty to proceed against these sureties also. ( Navin Sinha, J ) BTiwary/