IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31119 of 2011
1. Md. Nazim Sah, S/o Late Muslim Sah.
2. Md. Hasmat Sah, S/o Late Muslim Sah.
Versus
The State of Bihar
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02. 21.09.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 448, 341, 323, 324, 307,
504/34 and 326 of the Indian Penal Code.
Considering that there is counter-version of the
occurrence and the assault took place in the midst of an
altercation, let the petitioners, above named be released
on bail 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, Madhubani in
connection with Kaluahi P.S. Case No. 71 of 2011 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 and the other bailor shall be the brother of the
petitioners namely Md. Izarat Sah. 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
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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
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/-