IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41886 of 2011 1. Wahid Khan son of late Hadish Khan 2. Jagarnath Swarnkar son of late Gaga Swarnkar Versus The State Of Bihar ---------------------------------- With Criminal Miscellaneous No.42087 of 2011 Yadu Sah @ Jadu Sah son of late Sitaram Sah Versus The State Of Bihar ---------------------------------- 2. 22.12.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 353 and 379/34 of the Indian Penal Code. Considering that the petitioners’ name was disclosed in the confessional statement of the co-accused, who was caught at the spot and there is no recovery from their possession, let the petitioners above named, who have fair antecedents, be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from today in connection with Narpatganj (Basmatia) P.S. case No.189 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, 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 - 2 - 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 is 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. Narendra/ ( Anjana Prakash, J. )