Md. Saifur Rahman And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 15461 of 2015 Arising out of P.S. Case No. -5 Year- 2015 Thana -KANHAULI District- SITAMARHI ===================================================
1. Md. Saifur Rahman son of late Hanif Khan.
2. Nek Mohammad Rain son of Farman Rain.
3. Md. Mahfuj Rain son of Oli Rain.
4. Farman Rain son of Kurban Rai.
5. Md. Nazir Mian son of Farmud Mian.
6. Gaffar Rain @ Md. Gaffar Rain son of Farmud Mian.
7. Md. Kamal Khan son of Abdul Hafeej.
8. Nazre Alam son of Id Mohammad.
9. Md. Nasrullah son of Akbar Rain.
10. Mir Kayum son of late Mir Makbul.
11. Budhan Rain @ Budhan Kabari son of Hanif Mian.
12. Sudail @ Mir Ahmad Son of Mir Quayum.
13. Md. Bhusur Mansuri son of late Nathuni Mansuri All residents of Village - Kachor, P.S. - Kanhauli, District - Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Adv. For the Opposite Party/s: Mr. Dr.Ajit Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 27.05.2015 Heard learned counsel for the Petitioners and the State. The Petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 504, 188, 153(A)(B), 332 and 353 of the Indian Penal Code.
Considering the nature of allegations and the fair antecedents of the Petitioners, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Kanhauli P.S. Case No. 005 of 2015
Patna High Court Cr.Misc. No.15461 of 2015 (2) dt.27-05-2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also 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 delays 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 and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
The Petitioners are directed to deposit a sum of Rs. 250/- each in the District Legal Aid Committee, Sitamarhi before their surrender.
Vikash/- (Anjana Prakash, J.) U T