Nawal Mian And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3798 of 2015 Arising Out of PS.Case No. -328 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nawal Mian, S/O Late Dukhi Mian

2. Sudin Mian, S/O Late Dukhi Mian

3. Noori Mian @ Nuri Mian, S/O Late Dukhi Mian

4. Sharif Mian, S/O Late Alisher Mian

5. Sadik Mian @ Sahrun Mian, Son of Noori Mian

6. Jaibul Mian @ Jaibul @ Koraish, Son of Noori Mian

7. Munif Mian. S/O Late Alisher Mian All are Resident of vill-Pakarihar, P.S-Chanpatia, Distt.-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-01-2015 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, 307, 379 of the Indian Penal Code, Sections 25(1B)(a), 26, 35 and 27 of the Arms Act.

Considering that there is a counter version of the occurrence and no fire arm injuries were found on the person of the injured, let the Petitioners who have fair antecedents, in the event of surrenders, named above, within four weeks from the date

Patna High Court Cr.Misc. No.3798 of 2015 (2) dt.29-01-2015 2/3 of receipt of this order, in connection with Chanpatia P.S. Case No. 328 of 2014, 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.3798 of 2015 (2) dt.29-01-2015 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