Full Judgment
1. Brajesh Kumar @ Pappu Kumar, S/o Arun Yadav Resident of Village - Bhirkhi, Garib Tola , Ward No. - 26 , P.S. & District Madhepura.
2. Tappu Kumar, S/o Arun Yadav, Resident of Village - Bhirkhi, Garib Tola, Ward No. - 26, P.S. & District Madhepura. Versus 1. The State of Bihar with Criminal Miscellaneous No.44386 of 2011 Dharmendra Yadav, S/o Surya Narayan Yadav. Versus The State of Bihar ------------------- 02. 13.01.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 302 of the Indian Penal Code. Considering that there is a counter-version with regard to the same occurrence which took place on account of land dispute and there is no specific overt act alleged against the petitioners, let them 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 bond 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 Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 477 of 2010 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 2 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 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. (Anjana Prakash, J.) Vikash/-