Md. Maksud @ Maksud Ansari @ Maksud … vs The State Of Bihar on 13 September, 2011

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Patna High Court – Orders
Md. Maksud @ Maksud Ansari @ Maksud … vs The State Of Bihar on 13 September, 2011
                              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

                   The State Of Bihar                                         ...OP

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,

(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.)

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