Md. Nasruddin Khan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1302 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -KAJRA District- LAKHISARAI ======================================================
1. Md. Nasruddin Khan Son of Hasim Khan
2. Jalal Khan Son of Md. Hasim Khan @ Md. Hasim
3. Md. Mustaque Khan, Son of Hasim Khan @ Md. Hasim Khan
4. Karim Khan, Son of Md. Hasim Khan
5. Md. Siraj Khan, Son of Md. Kabir Khan
6. Md. Namat Khan @ Md. Nemat Khan, Son of Md. Sarfuddin Khan
7. Md. Riyaz Khan, Son of Md. Kabir Khan
8. Md. Meraj Khan Son of Md. Kabir Khan @ Kabir Khan All resident of Village- Uren, P.S. Kajra, District- Lakhisarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-01-2015 Defects ignored.
Heard learned counsel for the Petitioners and the State. The Petitioners seek bail in a case instituted for the offence under Section(s) 147, 149, 448, 323, 324, 325, 506,427, 307 of the Indian Penal Code.
Considering the nature of allegations and the injuries as also the fair antecedents of the petitioners, in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Kajra P.S. Case No. 20 of 2014, they 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
Patna High Court Cr.Misc. No.1302 of 2015 (3) dt.22-01-2015 2/2 any other surety to be fixed by the court below to the satisfaction of the Sub-Divisional Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under sections 438(2) Cr. P. C subject to the 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 bailors will undertake to furnish information to the court about 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 bailors shall also state on affidavit that they 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, and (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.