IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20079 of 2010 1. TRIPURARI PATEL, 2. Mukesh Patel & 3. Chhotan Patel all sons of Pancham Patel Versus STATE OF BIHAR ----------- 2/ 15.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 384 of the Indian Penal Code and 25(1- B) (a)/26 of the Arms Act. It has been submitted that before the present complaint the petitioner no.2 had filed a case against the complainant/informant which is admitted in the complaint itself. The present case has been instituted after seven days of the occurrence. During investigation, it transpired that in fact there was old enmity between the parties due to which several cases have been filed between them and present complaint appears to be off-shoot of such dispute. In view of such, in the event of surrender of the petitioners, named above, within four weeks from today in connection with Bettiah Muffasil P.S. Case No.35 of 2010, they 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 the Chief Judicial Magistrate, Bettiah, West Champaran, 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 petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the - 2 - court about any change in the address of the petitioners, (ii)That the petitioners shall undertake to be represented on the first date after cognizance and in case they fail to do so, their bail bond will be liable to be cancelled (iii)That the bailors shall also state on affidavit that they 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 the ground of misuse, (iv) That the petitioner 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (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. JA/- (Anjana Prakash, J.)