IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4673 of 2010 1. KRISHNA MOHAN JHA @ KRISHNA CHANDRA JHA 2. Sudhir Kumar Jha @ Sudhir Jha Both sons of late Kedar Jha, residents of village-Turha Patti,P.S.-Chanpatia, District-West Champaran at Bettiah. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Dr.Amrendra Kumar,Advocate For the State :Mr.A.M.Prasad,Mehta,Addl. P.P. For the Informant :Mr.Dhananjay Kumar No.2, Advocate. ---------- 04/ 17-05-2010 Heard the parties including the learned counsel appearing on behalf of the informant. In a criminal prosecution for the offences under Sections 307, 379 and some other allied offences of the Indian Penal Code, there appears to be a case and counter case from both the sides. Both sides had sustained injuries on their person. Petitioners are alleged to have assaulted on non-vital part of the body of the informant. It is further submitted that both sides were on litigating terms from before and some land dispute is also pending between them. Learned counsel for the informant apprehends that once the petitioners are granted anticipatory bail, they may repeat similar type of offences and the informant may be again assaulted. However, in the facts and circumstances of the case, since there are case and counter case and both sides sustained injuries on their person and both sides are distantly related to each other, in the event of arrest/surrender within a period of four 2 weeks from today in Chanpatia (Sirisiya) P.S.Case No.34 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that: (a) one of the bailors must be a Government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (b) if the petitioners is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (c) the petitioners shall make regular 3 Pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. AH/ ( Birendra Prasad Verma, J.)