IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.30055 of 2011
1. Md. Maksud @ Maksud Ansari @ Maksud son of Late Mansur
Ansari @ Dr. Mansur,&
2. Md. Usman @ Usman Ansari @ Usman son of Late Oli Ansari @ Oli
Mohammad ...Petitioners
Versus
The State Of Bihar ...OP
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2/ 13.09.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the
offence under sections 147, 148, 149, 341, 323, 308 of the Indian
Penal Code.
It has been submitted that there is counter version of
this occurrence and the assault took place on account of land dispute
and in the facts of the case no offence under section 307 Indian
Penal Code is made out.
Considering the same, let the petitioners, above named,
be released on bail on furnishing bail bond of Rs.5,000/- (five
thousand) each with two sureties of the like amount each or any
other surety to be fixed by the court below to the satisfaction of the
Sub-Divisional Judicial Magistrate, Birpur, Supaul, in connection
with Birpur P.S. Case No.110 of 2010, subject to the 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 bailors 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,
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(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, and (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.
JA/- (Anjana Prakash,J.)
