Samsul Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2003 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Samsul Mian, son of Marai Mian,

2. Firoz Mian @ Firoz Alam, son of Sagir Mian,

3. Junaid Alam @ Junail Alam, son of Nurhoda Mian, all residents of village- Koini Bazar Tola, P.S.- Majhagarh, Dist- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhilesh Kumar, Advocate For the Opposite Party/s : Mr. M.Haque, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 18-01-2016 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 147, 148, 149, 341, 324, 307, 379 Indian Penal Code.

Considering the counter version and genesis of the occurrence and the fair antecedents of the Petitioners, it is ordered that 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 Manjhagarh P.S. Case No.189 of 2015, they shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.2003 of 2016 (2) dt.18-01-2016 2/2 438(2) Cr. P. C. and (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.