IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40177 of 2010 1. MD. NAZRUL HAQUE @ NAZRUL MIYAN son of Janif Miyan 2. Md.Babloo son of Nazrul Mian. 3. Sudhan Miyan son of Rauf Mian all resident of village- Minapur Balha, P.S.-Piprahi, District-Sheohar Versus STATE OF BIHAR ----------- 2 08.11.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are in custody in connection with Piprahi P.S. Case No.85 of 2010 for the offence punishable under Sections 147, 148, 149, 324, 307, 302 of the Indian Penal Code. Learned counsel for the petitioner with reference to the allegation set out in the F.I.R. submits that except for a general and omnibus nature of allegation against the petitioners of committing assault on the person of the informant and his nephew which led to his death, no specific overt act has been alleged against any of the petitioners. He submits that in absence of any specific overt act against any of the petitioner and in view of the impending land dispute, their prayer requires consideration. 2 Taking into consideration the circumstances and the submissions of the learned counsel, let the petitioners namely, Md. Nazrul Haque @ Nazrul Miyan, Md. Babloo and Sudhan Miyan be released on bail, upon each of them furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No.85 of 2010 subject to the condition that the petitioners would ensure their representation before the Court below on each and very date fixed in the case and the failure on the part of the petitioners to ensure their representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial Court, would confer liberty on the Court concerned to initiate proceeding for cancellation of the bail bonds of the defaulting petitioner(s) and for taking him into custody. Bibhash (Jyoti Saran, J.)