IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45490 of 2010 1. HARENDRA THAKUR, SON OF LATE MATHURA THAKUR 2. BIRENDRA THAKUR @ PINTU THAKUR, SON OF HARENDRA THAKUR. Versus THE STATE OF BIHAR ----------- 2. 26.03.2011 Heard learned counsels for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner seeks permission to withdraw the application with regard to petitioner No. 1. The application with regard to petitioner No. 1 is dismissed as withdrawn. With regard to petitioner No. 2, since there is no allegation against him of having assault, let the petitioner No. 2 in the event of surrender, named above, within three weeks from today in connection with Saraiya P.S. Case No. 111 of 2010 shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, (West) Muzaffarpur, subject to conditions as laid down under Section 438(2) Cr. P.C., and (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the 2 court about any change in address of the petitioner. (ii)That the petitioner shall undertake to be represented on the first date after cognizance and in case he fails to do so, his bail bond will be liable to be cancelled, and (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)