IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28139 of 2011 1. Sikandar Yadav son of Rudal Yadav 2. Raju Yadav @ Raju Kumar son of Sikandar Yadav Versus The State Of Bihar ----------- 2. 19.9.2011 Counter affidavit filed today on behalf of the informant be kept on the record. Heard learned counsel for the petitioners, the State and the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 447, 341, 323, 324 and 307 of the Indian Penal Code. It has been submitted that a day previous to the present First Information Report the informant and other accused persons had assaulted the petitioner no.1 and his son causing serious injuries on them. Subsequently also the accused persons were assaulted by the prosecution. The learned Counsel for the informant submits that it is on account of the fact that the informant was to give evidence in the case of 1996 against the petitioner no.1 in which he was a seizure witness and he had been assaulted. However, on going through the case records, I find that the dispute is quite otherwise and, therefore, in view of the facts emerging, 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 12 - 2 - weeks from today in connection with Dulhin Bazar P.S. case No.62 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur, 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 petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (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 delays 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. However, if it is found that the petitioners have tampered with the evidence wherein the informant is said to - 3 - have been summoned for giving evidence in the case of 1996, stringent steps shall be taken against them. Narendra/ ( Anjana Prakash, J. )