IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20459 of 2010 1. SHEIKH FAHIM, SON OF LATE SHEIKH SHAHID 2. ATIULLAH, SON OF SHEIKH IMEN 3. MD. ZAFIR, SON OF MD. SHARIF 4. KADIR ANSARI, SON OF MOJIB ANSARI 5. MD. ISHETKHAR @ MD. AFTEKHAR, SON OF SHEIKH ATIULLAH 6. ABBAS ANSARI, SON OF LATE BALI ANSARI Versus THE STATE OF BIHAR ----------- 2. 16.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 307, 380, 323, 324, 452, 147, 148 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the occurrence arose out of a land dispute between the parties and for the same occurrence, First Information Report was filed by one of the co-accused persons Md. Kalimullah. Further submission is that in the facts of the case, no offence under Section 307 I.P.C. would be made out and it appears to be a case of free fight between the parties. In view of such, in the event of surrender of the petitioners, named above, within four weeks from today in connection with Dhaka P.S. Case No. 157 of 2009, they shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under section 2 438(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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the petitioners shall undertake to be represented on the first date after cognizance and in case they fail to do so, their bail bond will be liable to be cancelled, (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. S.Ali ( Anjana Prakash, J. )