Dr. Zaki Daniyal @ Zakki Daneyal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4125 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -JAMHORA District- AURANGABAD ====================================================== Dr. Zaki Daniyal @ Zakki Daneyalm Son of Wazahat Hussain, Resident of Mohalla - Noorunganj Near Kamruddin Master Sasaram, P.S. - Sasaram Town, District - Rohtas, at present resident of village - Durga Maidan Road Jamhar, P.S. - Jamhar, District - Aurangabad (Bihar). .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.7483 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -JAMHORA District- AURANGABAD ====================================================== Dr. S. Prasad @ Surendra Prasad, S/o Nathun Yadav, resident of Village - Jamhore, P.S. - Jamhore, District - Aurangabad (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

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

(In Cr.Misc. No.4125 of 2015) For the Petitioner/s : Mr. Leelawati Kumari, Adv. For the State : Mr. Ram Naresh Roy, (APP) (In Cr.Misc. No.7483 of 2015) For the Petitioner/s : Mr. Rakesh Singh For the State : Mr. H.A. Khan (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 26-05-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 419 and 420 of the Indian Penal Code.

Patna High Court Cr.Misc. No.4125 of 2015 (3) dt.26-05-2015 2/3 Considering the nature of allegation, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Jamhore P.S. Case No. 109 of 2014, 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 Chief Judicial Magistrate, Aurangabad, 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.4125 of 2015 (3) dt.26-05-2015 3/3 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) S.Ali/- U T