IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43610 of 2011 Md. Shahid @ Shahid Hussain & Ors. Versus The State Of Bihar --------------- - 2 20.12.2011 Heard learned counsel for the petitioners and the State. There is a case and counter case. In the present case, allegation has been made by one Javed Ahmad Khan that on 17th July 2011 at 615 A.M. all the petitioners along with 150 unknown duly armed with deadly weapons came at the Darwaja of informant and abused. It is alleged that they dragged his uncle Amir Khan from his Darwaja and assaulted him. Md. Mansoor assaulted him with sword on head causing injury. On hulla, Nehal Ahamad came to rescue but Nehal Ahmad and informant were also assaulted causing injury to them. In this case from the side of petitioners also, similar type of allegation has been made in Lalganj P.S. case no.166 of 2011. In similar facts and circumstances, Md. Ashgar Ali @ Asgar Ali and two others have been granted anticipatory bail by this Court vide Cr.Misc.No. 28476 of 2011. Under the circumstances, in the event of arrest or 2 surrender within 4 weeks from to-day in Lalganj P.S.Case No.167 of 2011, petitioners namely, (1) Md. Shahid @ Shahid Hussain, (2) Md. Akbar Ali @ Md. Akbar, (3) Md. Washim Akram and (4) Md.Ajam are directed to be released on anticipatory bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down u/s 438(2) Cr.P.C. and (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 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 accused in any other case and if they are, they shall not be released on bail, (iii) 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 3 the police papers on the given date and shall be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail bond will be liable to be cancelled for the reasons of misuse and (v) that the petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled. Jay/ (Shivaji Pandey, J)