Md. Farooque And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46095 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -MARKAHI District- KHAGARIA ======================================================

1. Md. Farooque Son of Late Hafiz

2. Md. Baber @ Md. Baber Ali, Son of Md. Farooque,

3. Majhar Son of Late Moin,

4. Ajhar Son of Late Usman,

5. Samim Son of Late Jasim,

6. Shahjahan, Son of Okil,

7. Dahu @ Doho, son of Ajahar,

8. Sako @ Md. Shokat, Son of Late Usman, All resident of village - Marar, Dakshhini, P.S. - Morkahi, District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 325, 144, 324, 307 and 379/34 of the Indian Penal Code.

Considering the genesis of the occurrence and the counter version of the same as also the fair antecedents of the Petitioner, 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 Morkahi P.S. case No.38 of 2015 on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.46095 of 2015 (2) dt.02-11-2015 2/2 of S.D.J.M., Khagaria, 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 affidavit shall clearly state that the petitioners are not an 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 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, (v) 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.