Saiyad Helal Ashraf And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1141 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Saiyad Helal Ashraf Son of Late Saiyad Gulam Ashraf

2. Sayad Akbal Ashraf Son of Late Saiyad Gulam Ashraf

3. Sayad Najir Ashraf Son of Late Saiyad Jakir Ashraf

4. Sayad Mahir Ashraf Son of Late Saiyad Jakir Ashraf

5. Saiyad Faij Ashraf Son of Late Saiyad Jamal Ashraf

6. Saiyad Badar Ashraf @ Badar Son of Saiyad Samsud Joha, All R/o Vill.- Ashraf Chak,P.S-Bakhtiyarpur,Distt.-Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh, Adocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 16-01-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 324, 341 and 307 of the Indian Penal Code.

Considering that there is a counter version of the occurrence and the nature of allegations, let the petitioners above named 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 this order in connection with Bakhtiyarpur P.S. case No.132 of 2014 on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.1141 of 2015 (2) dt.16-01-2015 2/2 Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor 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 undertake to furnish information to the Court about any change in address of the petitioners, (ii) 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, (iii) 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, (iv) 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.