IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38682 of 2011 1. Chandrakant Goswami Son of Late Khubilal Goswami 2. Vijay Kumar Goswami Son of Chandrakant Goswami 3. Munna Kumar @ MUnna Kumar Goswami Son of Chandrakant Goswami 4. Nitya Devi wife of Chandrakant Goswami Versus The State Of Bihar ---------------------------------- 2. 12.12.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 379 and 307/34 of the Indian Penal Code. The allegation against petitioner nos.1 and 2 is that they assaulted the informant on the left hand, on account of which he sustained fracture injury. The allegation against petitioner nos.3 and 4 is that they assaulted on the right hand and head respectively. Informant received six injuries, out of which injury no.3, which is on the left hand, was found to be grievous. In view of such, I am not inclined to grant anticipatory bail to petitioner nos.1 and 2. The prayer for anticipatory bail on behalf of petitioner nos.1 and 2 is rejected. With regard to petitioner nos.3 and 4, since the only allegation against them is of having caused simple injuries and they have no criminal antecedents, let the petitioner nos.3 and 4 above named be released on - 2 - anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Sakra P.S. case No.117 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, 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 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 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 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 - 3 - 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. )