Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 495 of 2015 Arising out of P.S. Case No. -29 Year- 2014 Thana - AMDABAD District- KATIHAR =================================================== Jamil Akhtar, Son of Mohsan Haque, Resident of VillageBablabanna, P.S.-Amdabad, District-Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Opposite Party/s: Mr. Arun Kumar Singh No.-5 (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 08.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner is apprehending his arrest in a case registered under Sections 341, 342, 32, 324, 307, 379, 504 and 406 of the Indian Penal Code.

Considering that there is a counter-version of the occurrence, let the Petitioner, above named who has fair antecedents 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 bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Shri R.K. Mishra, Judicial Magistrate, 1st Class, Katihar (or its successor) in connection with Amdabad P.S. Case No. 29 of 2014 subject to the conditions as laid down under Section 438(2) of the

Patna High Court Cr.Misc. No.495 of 2015 (2) dt.08-01-2015 Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail.

(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his 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 Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T