IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.34764 OF 2011 MD. MOJAMMIL @ MOJAMMIL HAQUE,@ ABDULLA KUDDUS @ ABDULLA, R/O VILLAGE SHANKERPUR, P.S. BIRPUR, DISTRICT SUPAUL. …………………PETITIONER. VERSUS THE STATE OF BIHAR. ………………………OPPOSITE PARTIY. ----------- 02/ 24.10.2011 Heard counsel for the parties. The sole petitioner made accused for the offence punishable under Section 307 and allied offences seeks anticipatory bail on the ground that there is no specific allegation of over act against him and the co-accused standing on the similar footing including Md. Tanwir Alam and Sheikh Jamir @ Sheikh Jamhir have been granted anticipatory bail on 13.09.2010 and 13.10.2011 in Criminal Miscellaneous No. 23915 of 2010 and Criminal Miscellaneous No. 30757 of 2011. Considering the fact that the case of the petitioner stands on the same footing of the aforesaid co-accused persons including Md. Tanwir Alam and Sheikh Jamir @ Sheikh Jamhir and the fact that the allegation of specific overt act is only against Pankaj Kumar, Anil Deo and Mr. 2 Arif, this Court would direct the petitioner namely Md. Mojammil to surrender within a period of four weeks from today and if he does so, he would be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Birpur (district Supaul) in connection with Birpur P.S Case No. 21 of 2010 subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following three conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner, in case, is now made accused in any other criminal case,that would itself lead to cancellation of his bail. Ranjan (Mihir Kumar Jha, J.)