Md. Sadik And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49057 of 2014 Arising Out of PS.Case No. -95 Year- 2014 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Md. Sadik Son of Late Md. Jahan

2. Md. Rustam Son of Late Md. Muslim

3. Md. Nizam Son of Late Md. Nawab

4. Md. Kailu Son of Late Md. Ibrahim

5. Md. Dukha @ Dukha Mian Son of Late Md. Ibrahim

6. Md. Esrafil Son of Noor Mohammad

7. Md. Taslim Son of late Md. Kishan, All are resident of Village - Gamhariiya (Muslim Tola) Ward No. - 10, P.S. - Murliganj, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03-03-2015 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections XXX of the Indian Penal Code. Considering that there is no specific overt act alleged against the Petitioners, who 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 concerned to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No.95 of 2014, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving

Patna High Court Cr.Misc. No.49057 of 2014 (3) dt.03-03-2015 2/2 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 delay 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T