IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28304 of 2011
1.Rakibuddin Khan son of Samuddin
2.Kabir Khan son of Jokhan Hazi
Both residents of village-Naugarha,
P.S.-Chainpur, District-Kaimur (Bhabhua)
Versus
The State of Bihar
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2. 25.8.2011. Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in Chainpur
P.S. Case No.72 of 2010 registered for the offence under sections
147, 148, 149, 353, 307, 370 of the Indian Penal Code as well as
section 27 of the Arms Act and section 33 of the Forest Act.
It is submitted on behalf of the petitioners that co-
accused Sahatu Singh and Madan Singh against whom there is
identical allegation to that of the petitioners have already been
granted anticipatory bail by order dated 25.7.2011 passed in
Cr.Misc. No.13410 of 2011.
Taking into consideration the aforesaid fact, let the
petitioners above named be released on bail in the event of arrest or
surrender before the learned court below within a period of 4 weeks
from the date of receipt/communication of this order in connection
with Chainpur P.S. Case No.72 of 2010 on furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, Kaimur at
Bhabua, subject to the conditions as laid down under section 438(2)
of the Code of Criminal Procedure and also 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
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petitioners. The bailor 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 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 his 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 paper 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 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.
Md.S. ( Ashwani Kumar Singh, J.)