Patna High Court - Orders
Munna Mian @ Asaraf Mian & Ors vs The State Of Bihar on 28 April, 2014
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 8907 of 2014
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1. Munna Mian @ Asaraf Mian, S/o Kalam Mian.
2. Saukat Ansari, Son of Ali Mian @ Asin Ansari.
3. Mubarak @ Mubarak Mian @ Mannaur Ansari, S/o Barfati
Mian.
4. Ashok Gosa @ Ashok Kumar Goswami, S/o Ram Agya Gosai.
5. Tinku Yadav, S/o Sachan.
6. Samim Mian, S/o Alauddin Ansari.
7. Mukhtar Mian, S/o Late Anwar Mian.
8. Khursid Mian @ Md. Khurshid Alam, S/o Late Noor Mohammad
Mian. All resident of Village-Fakrabad, Tola-Sahi Sarai, P.S.-
Kudra, District-Kaimur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
02. 28.04.2014Heard learned counsel for the Petitioners and the State.
The Petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 109, 111, 117, 188, 342, 323, 337, 352, 353, 427, 504 and 120(B) of the Indian Penal Code.
Considering the nature of allegations, let the Petitioners, above named who undertake to be more responsible in future be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order 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, Kaimur in connection with Kudra P.S. Case No. 177 of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- Patna High Court Cr.Misc. No.8907 of 2014 (2) dt.28-04-2014 2
(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 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 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.
The Petitioners are directed to deposit a sum of Rs. 250/- (Two Hundred and Fifty Rupees) each in the District Legal Aid Committee, Kaimur before their surrender.
(Anjana Prakash, J.) Vikash/-