Md. Sukurullah Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3032 of 2015 Arising Out of PS.Case No. -34 Year- 2012 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Md. Sukurullah Ansari, Son of Fakir Anseri

2. Sahabuddin Ansari, Son of Maniruddin Ansari

3. Sadam Ansari @ Saddam Ansari Son of Rahat Ansari

4. Hasam Ansari, Son of Rahat Ansari

5. Atikum Ansari @ Atikur Ansari, Son of Md. Fakir Ansari

6. Babujee Ansari, Son of Md. Gulam Rasul

7. Berajuidin @ Serajuddin, Son of Miyanzan

8. Md. Atul, Son of Safiuddin Ansari

9. Dawal Ansari, Son of Sohel Ansari All resident of village - Jamaila, P.S. - Rudrapur, District - Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Ambika Bhagat (Spl.PP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 436, 504, 342, 354, 506 of the Indian Penal Code and Sections 3(i) and (x)of SC/ST Act.

Considering the background of the dispute and the fair antecedents of the Petitioners, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Rudrapur P.S. Case No.

Patna High Court Cr.Misc. No.3032 of 2015 (2) dt.22-01-2015 2/3 34 of 2012, shall be released on anticipatory 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 Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, 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. (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.

Patna High Court Cr.Misc. No.3032 of 2015 (2) dt.22-01-2015 3/3 consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J) S.Ali/- U T