IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23861 of 2011 ====================================================== 1. Rajneesh Kuamr, son of Vinod Singh, resident of Mohalla Chandmari Road, Kankarbagh, P.S. Kankarbagh, Distt. Patna. 2. Vikas Kumar, son of Bir Nandan Singh, resident of Vill. Sipara, P.S. Beur, Distt. Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh with Mr. Jagdish Prasad, Advocates For the Opposite Party/s : Mr. M.K. Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 4 13-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 384/120B/34 of the Indian Penal Code. Learned counsel for the petitioners submits that though the petitioners are named in the first information report vide Annexure-1 as the accused, but their names have been included in the first information report in view of statement made by the co-accused, Ranjit Kumar before the Police, who was apprehended on the spot and Rs.120/- was allegedly recovered Patna High Court Cr.Misc. No.23861 of 2011 (4) dt.13-10-2011 2 from his possession. It is further submitted that the petitioners are men of absolutely fair antecedent and there is no criminal history at all against them. It is also submitted that co-accused, Sunil Kumar @ Sunil Kumar Singh, with almost identical allegations, has already been granted anticipatory bail by a Bench of this Court by order dated 25.08.2011 passed in Cr. Misc. No. 20098 of 2011. In the aforesaid facts and circumstances, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail in connection with Jakkanpur P.S. Case No.127 of 2011 on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that:- (a) that one of the bailors must be a government servant or close family member or relation of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioners are found involved in same and similar nature of cases in future, then in that cases 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 Patna High Court Cr.Misc. No.23861 of 2011 (4) dt.13-10-2011 3 obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, (c) the petitioners shall make regular 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 date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. Anjani /- (Birendra Prasad Verma, J)