IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.32498 OF 2011
1.MD. JASHIM @ MD. JASIM ALAM, S/O NAIMUL.
2.NOOR HODA @ NURUL HODA, S/O MD. JASIR,
BOTH ARE RESIDENTS OF VILLAGE BARA TOLE,
POLICE STATION SAHARGHAT, DISTRICT
MADHUBANI.
.....................PETITIONER.
VERSUS
THE STATE OF BIHAR.
...........................OPPOSITE PARTIES.
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02/ 24.10.2011 Heard counsel for the petitioner
and counsel for the State.
The petitioners apprehend their
arrest in connection with the offences
punishable under Section 341, 323, 324,
307 and 504/34 I.P.C and other allied
offences of the Indian Penal Code.
Counsel for the petitioners
submits that there is no specific
allegation of over act against the
petitioners and they are only said to have
been armed with gandasa whereas others
including Manzoor Alam, who is said to
have given gandasa blow on the head of the
informant and one Md. Manzar Alam had been
granted anticipatory bail by an order
dated 15.10.2011, passed in Criminal
Miscellaneous No. 32500 of 2011. He
further submits that the petitioner has
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got no criminal antecedent (paragraph no.
15) and the whole occurrence has been
blown out of the portion on account of
serious land dispute between the parties.
Considering the aforesaid aspect,
this Court would direct petitioners namely
Md. Jashim @ Md. Jasim Alam and Noor Hoda
@ Nurul Hoda to surrender within a period
of four weeks from today and if they do
so, they would be released on anticipatory
bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties
each of the like amount each to the
satisfaction of Chief Judicial Magistrate,
Madhubani in connection with Saharghat P.
S case No. 41 of 2011 subject to the
conditions laid down under Section- 438
(2) Cr. P.C and also subject to the
following three conditions:-
(i) The two bail bonds will be
furnished, one by the Government servant
and the other by a close family relative.
(ii) The petitioners will remain
present in course of trial on each and
every day and their absence even for a
single day would automatically entail the
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consequences of cancellation of their
bail.
(iii) The petitioners, in case, are
now made accused in any other criminal
case, that would itself lead to
cancellation of their bail.
Ranjan (Mihir Kumar Jha, J.)