Jahangir @ Jahangir Sheikh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16256 of 2015 Arising Out of PS.Case No. -165 Year- 2013 Thana -SATHI District- WEST CHAMPARAN (BETTIAH) ======================================================
1. Jahangir @ Jahangir Sheikhm S/o Sk. Ahmad
2. Khursheed Alam @ Khursheed Sheikh, S/o Sk. Ahmad
3. Tairun Nesha @ Tairun Nisha, W/o Hafij Chudihar
4. Mariyam Khatoon, W/o Ahmad Sheikh
5. Salma Khatoon, W/o Alamgir Sheikh
6. Faiyaz Mian @ Faiyaz Alam, S/o Idrish Sheikh
7. Aslam Sheikh, S/o Late Sakir Mian
8. Ashraf Sheikh, S/o Aslam Sheikh
9. Osiyer Sheikh, S/o Late Sakir Mian
10. Mahtab Chudihar, S/o Ijihar Chudihar All Resident of Village Belwa, P.S. Sathi, District West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Ram Shankar Das, (Spl.P.P.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 28-05-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 380, 448, 427, 504 of the Indian Penal Code, Sections 3(1)(x), S.C. & S.T. Act and Section 27 of the Arms Act. In view of the nature of allegation and the fair antecedents of the Petitioners, let the Petitioners in the event of surrender, named above, within four weeks from the date of
Patna High Court Cr.Misc. No.16256 of 2015 (2) dt.28-05-2015 2/3 receipt of this order, in connection with Sathi P.S. Case No. 165 of 2013, 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 any other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah, 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
Patna High Court Cr.Misc. No.16256 of 2015 (2) dt.28-05-2015 3/3 on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) S.Ali/- U T