Md. Islam @ Md. Kallar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31507 of 2014 Arising Out of PS.Case No. -338 Year- 2012 Thana -SAHARSA District- SAHARSA ====================================================== Md. Islam @ Md. Kallar, Son of Md. Kamaruddin, Resident of villageAaran, Police Station- Bihra, District- Saharsa .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.32612 of 2014 Arising Out of PS.Case No. -338 Year- 2012 Thana -SAHARSA District- SAHARSA ====================================================== Ram Pravesh Bhagat, Son of Kamelshwari Prasad Bhagat, Resident of Mohalla- Batraha, Ward No.26, P.S.+ District- Saharsa. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.31507 of 2014) For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the State : Mr. Sanjay Kr. Sharma, APP (In Cr.Misc. No.32612 of 2014) For the Petitioner/s : Mr. Pramod Mishra, Adv. For the State : Mr. Hirday Pd. Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 09-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Considering that the entire case is based on

Patna High Court Cr.Misc. No.31507 of 2014 (3) dt.09-01-2015 2/3 documentary evidence which has already been collected and the Petitioners have fair antecedents, let the Petitioners above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 338 of 2012 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 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.

Patna High Court Cr.Misc. No.31507 of 2014 (3) dt.09-01-2015 3/3 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) S.Ali/- U T