IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29017 of 2011
1.Nazamul Hoda, Son of Late Noorain.
2.Mazimal, Son of Late Noorain.
3.Amiruool Hassan, Son of Late Alamgir.
4.Nazirool @ Narimul Hassan, Son of Late Alamgir.
5.Bala @ S.K.Bala, Son of Kabul Hassan.
6.Khudi, Son of Late Alim.
All resident of Village Jhumka, P.S. Sikta, District West Champaran.
-------Petitioners
Versus
The State Of Bihar
-----Opposite Party
-------------------
02/- 21.09.2011 Heard learned counsel for the petitioners, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
Supplementary affidavit has been filed on behalf of
the petitioners.
All the six petitioners apprehend their arrest in
connection with a case registered for the offence punishable under
Sections 341, 323, 307, 379/34 of the Indian Penal Code and
Section 27 of the Arms Act, are named accused in this case of
simple assault and taking away motorcycle.
Submission is that petitioners carry general and
omnibus allegation and the specific allegation is attributed against
non-petitioners, Jahangir and Sunad. Moreover, the motorcycle
said to have been taken has been recovered during
investigation from the house of informant himself and none of
the petitioners carry any criminal antecedents.
Considering the facts and circumstances of the case, in
the event of the above two submissions regarding recovery of
motorcycle and criminal antecedents found true, in the event of
their arrest/surrender before the court below within four weeks, let
the above named petitioners be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand only) each with two sureties of
the like amount each to the satisfaction of Chief Judicial
Magistrate, Bettiah, West Champaran, in connection with Balthar
P.S. Case No. 38 of 2010, subject to condition laid down under
Section 438(2) of the Criminal Procedure Code with additional
condition to remain physically present before the court below on
each and every date at least for one year or till disposal of the case,
whichever is earlier, in case of failure on two consecutive dates,
without giving any reasonable explanation, the liberty granted
shall be deemed to be cancelled.
( Akhilesh Chandra, J.)
Praveen/-