IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44094 of 2010 1. SYED ABDUS SATTAR @ SATTAR MIYAN, SON OF LATE ABDUL GAFFAR. 2. SYED SHAKIL AHMAD @ SYED MD. SHAKIL @ MD. SHAKIL, SON OF LATE MD. WADOOD. 3. SYED KHALID ZAFAR @ MD. KHALID @ SYED MD. KHALID, SON OF LATE MD. WADOOD. ALL RESIDENT OF VILLAGE THAKURI, CHAK, P.S, BARAUNI, DISTRICT BEGUSARAI. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY For the petitioners :- Mr. Md. Abdul Mannan Khan, Advocate Mr. Md. Fahimuddin, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 26.3.2011 The petitioners are seeking anticipatory bail in a case under Sections 395, 436, 149, 448, 452, 323 and 148 of the Indian Penal Code. The allegation is that in the night of 16/17th of March, 1997, the petitioners came to the hut of the complainant and threw all the articles in the ditch and it is alleged that petitioner no. 1 set fire in her hut. On examination on S.A. the lady has not made any specific allegation against any of the petitioners. In fact she has stated that the date of occurrence is in the night of 26th March, 1997. It was only when her counsel insisted that she had corrected herself. Considering that there is no specific allegation 2 against the petitioners and that petitioner no. 1 is 80 years of age, I direct that the above named petitioners be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with Complaint Case No. 242C of 1997 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Begusarai subject to the condition laid down under Section 438(2) of the Cr.P.C. as well as subject to the following conditions: (1) The petitioners should appear in Court on each and every date during the trial as and when required by the Court and if they absent even for a single date without reasonable cause, their bail bond shall stand cancelled. (2) The petitioners should not leave the district of Begusarai without permission of the Court. Sanjay (Sheema Ali Khan, J.)