IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22854 of 2011 1. Mithilesh Kumar Singh son of Bindeshwari Singh 2. Bindeshwari Singh son of Late Ram Prasad Singh Versus The State Of Bihar ----------- 2. 9.8.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 307, 312, 313, 504, 323, 325/34 of the Indian Penal Code. Considering that the petitioners are the own brother and nephew of the informant and the matter has now been compromised between them, for which Annexure-2 has been filed, 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 weeks from today in connection with Obra P.S. case No.83 of 2010 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Daudnagar, District Aurangabad, 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 - 2 - 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. The court below will initially release the petitioners on provisional bail where after notice the informant and if he supports the factum of compromise will confirm the provisional bail granted to the petitioners. Narendra/ ( Anjana Prakash, J. )