IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12650 of 2011
1. Asghar Imam, Son of Ali Imam
2. Perwez Alam @ Guddu, Son of Ali Imam
3. Irfan Rasheed, Son of Nasrullah
4. Mashhoor Mian @ Mashhoor Alam, Son of Maqsood Alam
5. Mamoon Rasheed @ Md. Mamoon Rashid, Son of Haroon
Rasheed
6. Sohail Mian @ Sohail Ahmad, Son of Sikandra Mian
7. Munna Mian, Son of Nazir Mian
8. Azam Mian @ Imam Azam, Son of Jalal Mian
9. Numan Rasheed @ Noman Rasheed @ Imam Rasheed, Son of
Haroon Rasheed
10. Noor Afzal @ Guddu, Son of Rasool Miyan
All residents of village - Dharm Parsa, P.S. Manjhagarh, Distt.
Gopalganj.
11. Daroga Pandit, Son of Nathuni Pandit, r/o village Ahirwalia, P.S.
Manjhagarh, Distt. Gopalganj.
-------- Petitioners.
Versus
The State Of Bihar ---Opposite Party.
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4. 25.7.2011 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, 225,
323, 307, 353, 504 and 188 of the Indian Penal Code.
It has been submitted that for the same cause of
action, two cases have been instituted, one of either side and
in the nature of allegation, it would be unfair to put the
petitioners behind the Bars especially when they have no
criminal antecedents.
Considering the same, let the petitioners in the
event of surrender, named above, within four weeks from the
date of receipt of this order, in connection with Manjhagarh
P.S. Case No. 199 of 2010, shall be released on anticipatory
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bail on furnishing bail bond of Rs. 5,000/- (Five thousand)each
with two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Gopalganj, subject to conditions as
laid down under Section 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 bailor 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 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.
(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.
( Anjana Prakash, J.)
S.Ali
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