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
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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/-
