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Patna High Court – Orders
Istiyaq Shah & Ors. vs The State Of Bihar on 12 September, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Criminal Miscellaneous No.26895 of 2011
                   1. Istiyaq Shah S/O Alim Shah R/O Vill. Sikandarpur,
                       Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At
                       Bhabhua
                   2. Illiyas Shah S/O Alim Shah R/O Vill. Sikandarpur,
                       Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At
                       Bhabhua
                   3. Mustakim Shah S/O Alim Shah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua
                   4. Mufiz Shah @ Mukhij Shah S/O Aliser Shah R/O
                       Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur,
                       Distt. Kaimur At Bhabhua
                   5. Firoz Shah S/O Aliser Shah R/O Vill. Sikandarpur,
                       Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At
                       Bhabhua
                   6. Minraj Shah S/O Aliser Shah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua
                   7. Mahbub Shah S/O Kasim Sah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua
                   8. Alim Shah S/O Late Jalil Shah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua
                   9. Hasim Shah S/O Late Jalil Shah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua
                   10. Akbar Shah S/O Late Jalil Shah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua
                   11. Tazu Shah S/O Akbar Shah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua
                   12. Rafiq Shah S/O Hasim Shah R/O Vill.
                       Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt.
                       Kaimur At Bhabhua

                                             Versus
                                     1. The State of Bihar
                                         -----------------

02. 12.09.2011 Heard learned counsel for the petitioners,

informant and the State.

The petitioners are apprehending their arrest in a
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case registered under Sections 341, 323, 354, 307 and

604/34 of the Indian Penal Code.

Considering the nature of allegations and the

submission that the occurrence took place on account of

land dispute and in the facts of the case no offence under

Section 307 IPC is made out and most of the injuries are

simple in nature, 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 the order on

furnishing bail bonds of Rs. 5,000/- (Five Thousand) each

with two sureties of the like amount each or any other

surety as fixed by the Court to the satisfaction of Chief

Judicial Magistrate, Kaimur at Bhabhua in connection

with Chainpur P.S. Case No. 93 of 2011 subject to the

conditions as laid down under Section 438(2) of the Code

of Criminal Procedure as also 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 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
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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 delays 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.)
Vikash/-


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