IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26406 of 2010 RUSTAM ANSARI s/o Elamuddin Ansari Versus STATE OF BIHAR With Cr. Misc. No. 38274 of 2010 KHURISHID ANSARI @ KOSHI ANSARI S/o Elamuddin Ansari Versus STATE OF BIHAR ----------- 3/ 27.10.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. The prosecution case is that when the informant’s brother went to complain about the action of teasing of his daughter by one of the petitioners, his brother was assaulted by the petitioner Rustam Ansari with spade on the head, whereas, petitioner Khurishid Ansari @ Koshi Ansari assaulted with lathi. Considering that there is specific overt act alleged against the petitioner Rustam Ansari (Cr. Misc. No.26406 of 2010), I am not inclined to grant him bail. His prayer for bail is rejected. With regard to petitioner Khurishid Ansari @ Koshi Ansari (Cr. Misc. No.38274 of 2010), since there is no specific overt act alleged against him, he (Khurishid Ansari @ Koshi Ansari) is directed to be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of the Chief Judicial Magistrate, Kaimur, Bhabhua, in connection with - 2 - Mohaniya P.S. case no. 68 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (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 be cancelled. JA/- (Anjana Prakash, J.)