IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25440 of 2011 1. Chandrashekhar Chaudhary, S/o Ram Nikil Choudhary @ Ram Niwas Chaudhary. 2. Nitish Kumar. 3. Ravi Kumar. Both are sons of Birendra Chaudhary @ Bhaiyaram. 4. Bhola Kumar @ Bhola Chaudhary, S/o Late Ram Niwas Chaudhary. 5. Chunnu Kumar, S/o Sachidanand Chaudhary. 6. Sonu Kumar, S/o Ram Chandra Chaudhary. 7. Munna Kumar, S/o Ramjee Prasad. 8. Deepak Kumar, S/o Tej Narayan Chaudhary. 9. Rajni Kant @ Shibu @ Ripu, S/o Manoj Kumar Gupta. 10. Vikash Kumar, S/o Birendra. Versus The State of Bihar ----------------- 02. 25.08.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 279 and 304A of the Indian Penal Code and subsequently Section 304/34 IPC was added. It has been submitted that initially a case under Section 304A IPC had been instituted for accidental death of one Ram Krishna Kumar but five months later the father of the deceased alleged that the petitioners had killed him upon which Section 304/34 IPC was added. It has further been submitted that in paragraphs 33, 34 and 35 the parents and witnesses of place of occurrence had been examined but none of them are eye-witnesses to the actual occurrence. 2 Considering the same as also that they have criminal antecedents, 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 four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sub- Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 01 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors 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 also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the 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 3 the 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 and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)