Md. Ali And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9286 of 2015 Arising Out of PS.Case No. -63 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Md. Ali Son of Hasanu Miyan @ Hasamuddin Mian.

2. Sahid Miyan Son of Akhtar Miyan @ Akhtar Ali. Both are resident of Line Bazar, P.S.-Mirganj, District-Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party =========================================== =========== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-04-2015 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 337, 353, 153A, 295A, 436, 427, 379, 229 and 298 of the I.P.C. The petitioners were granted bail by order dated 16.01.2015 in Cr. Misc. No. 1142/0015 but on condition that an affidavit would be filed on their behalf that there was no other case. As it happened that the petitioner No. 1 was an accused in other cases arising out of the same transaction and other of them are minor in nature.

Considering that on merits that above named petitioners were to be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount

each or any other surety to be fixed by the court below to the satisfaction of learned C.J.M., Gopalganj in connection with Mirganj P.S. Case No. 63/2014, G.R. No. 785/2014, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioners, who will be give an affidavit giving genealogy as to how he is related with the petitioners.

The bailors will undertake to furnish information to the Court about any change in the address of the petitioners.

(ii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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, (iii) That the petitioners will give an

undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (iv) That the petitioners will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

The petitioners are directed to deposit Rs.

250/- each in Legal Aid Committee, Gopalganj before they are released on bail.

(Anjana Prakash, J.) U T