IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13598 of 2011
1. Noor Mohammad Nutt son of Haidar Nutt
2. Alamgir Nutt son of Noor Mohammad Nutt
Versus
The State Of Bihar
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3. 27.7.2011 Heard learned Counsel for the
petitioners and the State.
The petitioners seek bail in a case
instituted for the offence under Sections 366,
494/34 of the Indian Penal Code and 3(1)(X) of the
SC/ST Act.
Considering that apart from suspicion there
is no cogent material against the petitioners, let the
petitioners above named, be released on bail on
furnishing bail bond of Rs. 5,000/-(Five thousand)
with two sureties of the like amount each or any
other surety to be fixed by the court concerned to
the satisfaction of learned Chief Judicial Magistrate,
Bettiah, West Champaran in connection with
Matiyaria P.S. Case No.4 of 2011, subject to the
conditions (i) That one of the bailor shall be the
father/brother of the petitioners and the other bailor
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
undertake to furnish information to the Court about
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any change in 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 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 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 if they fail to do so
on two consecutive dates, their bail will be liable to
be cancelled.
Narendra/ ( Anjana Prakash, J. )