Abdus Salam @ Abdus Salam Rabbani @ A. Salam And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3390 of 2015 Arising Out of PS.Case No. -453 Year- 2010 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Abdus Salam @ Abdus Salam Rabbani @ A. Salam

2. Sarfaraz @ Md. Sarfaraz son of Abdus Salam, both are resident of Darmia, P.S. Bahadurganj, District Kishanganj .... .... Petitioner/s

Versus

1. State of Bihar

2. Afaque Alam son of Md. Gafar, resident of village Damia, P.S. Bahadurganj, Distt. Kishanganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 27-01-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 436/34 of the Indian Penal Code. Considering the nature of allegations and the fact that final report was submitted in the matter and the Petitioners have clean antecedents, 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 Complaint case No.C453 of 2010 on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Kishanganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also

Patna High Court Cr.Misc. No.3390 of 2015 (2) dt.27-01-2015 2/2 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 be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T