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Patna High Court - Orders

Nasaruddin & Ors vs The State Of Bihar on 12 July, 2016

Author: Anjana Prakash

Bench: Anjana Prakash

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.26244 of 2016
                      Arising Out of PS.Case No. -142 Year- 2016 Thana -AURANGABAD TOWN District-
                                                       AURANGABAD
                 ======================================================
                 1. Nasaruddin
                 2. Jalaluddin Both son of Noor Mohamed
                 3. Subhan Ali Son of Nause Ali
                 4. Ikteyar Ali Son of Md. Rafiq
                 5. Noor Salim
                 6. Sabab Ahmed Both son of Ahmed All resident of village - Shahpur
                 Majra, Police Station Bhojpur, District - Moradabad, State - Uttar Pradesh
                 7. Zariff Son of Ahmed Sharif resident of village - Anchaura, Police
                 Station Patwai, District - Rampur, State Uttar Pradesh
                 8. Akil Ahmad Son of Farjand Khan resident of village - Gopalpur, Police
                 Station Kant, District - Moradabad, State Uttar Pradesh

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Anil Kumar, Advocate
                 For the Opposite Party/s   : Mr. Md. Ashlam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
                 ORAL ORDER

2   12-07-2016

Heard learned Counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the offence under Section 414 of the Indian Penal Code and 47 of the Bihar Excise Amendment Act, 2016.

Considering that the Petitioners have fair antecedents, 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 concerned to the satisfaction of learned C.J.M., Aurangabad in connection with Aurangabad (Town) P.S. Case No.142 of 2016, Patna High Court Cr.Misc. No.26244 of 2016 (2) dt.12-07-2016 2/2 subject to the conditions (i) That one of the 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 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 delay 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.

(Anjana Prakash, J) Narendra/-

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