Patna High Court - OrdersMd. Mustaque @Mustaqe Alam & Ors vs The State Of Bihar on 13 July, 2017Author:Sanjay PriyaBench:Sanjay PriyaIN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.32173 of 2017
                    Arising Out of PS.Case No. -362 Year- 2016 Thana -JAHANABAD District- JEHANABAD
                 ======================================================
                 1. Md. Mustaque @ Mustaqe Alam
                 2. Md. Tipu Sultan @ Tipu Sultan
                 3. Guddu Alam @ Guddu
                 4. Tamanna Praveen
                 All sons and daughter of Barik Mian, residentof village Badhar, P.S.
                 Jehanabad (Kalpa O.P.), Distt. Jehanabad.
                                                                      .... .... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Surendra Kumar Mishra, Advocate.
                 For the Opposite Party/s   : Dr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                 ORAL ORDER

2   13-07-2017Heard learned counsel for the petitioners and the

                 State.The petitioners apprehend their arrest in Jehanabad

                 (Kalpa O.P.) P.S. Case No. 362 of 2016 instituted for the offence

                 underSections 147,148,149,341,342,302and120-Bof the

                 Indian Penal Code.It is alleged in the written report that dead body of son

                 and nephew of the informant were found in Badhar village. The

                 informant raised suspicion that one Barik Mian and his family

                 members had murdered them after raising hulla 'Chor-Chor. The

                 petitioners are sons and daughter of Barik Mian.Considering the facts and circumstances of the case,Patna High Court Cr.Misc. No.32173 of 2017 (2) dt.13-07-20172/2prayer for anticipatory bail of the petitioners is allowed. In the

                  event of surrender/arrest of the petitioners, named above, within

                  six weeks from today, in connection with Jehanabad (Kalpa O.P.)

                  P.S. Case No. 362 of 2016, they shall be released on anticipatory

                  bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each

                  with two sureties of the like amount each to the satisfaction of

                  learned Chief Judicial Magistrate, Jehanabad, subject to the

                  conditions as laid down underSection 438 (2)Cr. P.C. with

                  further conditions (1) bailors should be local having sufficient

                  immovable property within the jurisdiction of the court concerned,

                  (2) petitioners shall cooperate in the trial and shall be present on

                  each and every date fixed by the court and absence on two

                  consecutive dates without proper and reasonable reason will

                  automatically cancel bail bond of the petitioners and (3) if

                  petitioners tamper with the evidence or the witnesses of the case,

                  in that case, prosecution will be at liberty to move for cancellation

                  of bail of the petitioners.(Sanjay Priya, J)
    S.Ali/-U        T