IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26895 of 2011 1. Istiyaq Shah S/O Alim Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 2. Illiyas Shah S/O Alim Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 3. Mustakim Shah S/O Alim Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 4. Mufiz Shah @ Mukhij Shah S/O Aliser Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 5. Firoz Shah S/O Aliser Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 6. Minraj Shah S/O Aliser Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 7. Mahbub Shah S/O Kasim Sah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 8. Alim Shah S/O Late Jalil Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 9. Hasim Shah S/O Late Jalil Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 10. Akbar Shah S/O Late Jalil Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 11. Tazu Shah S/O Akbar Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua 12. Rafiq Shah S/O Hasim Shah R/O Vill. Sikandarpur, Tola Phulwaria, P.S. Chainpur, Distt. Kaimur At Bhabhua Versus 1. The State of Bihar ----------------- 02. 12.09.2011 Heard learned counsel for the petitioners, informant and the State. The petitioners are apprehending their arrest in a 2 case registered under Sections 341, 323, 354, 307 and 604/34 of the Indian Penal Code. Considering the nature of allegations and the submission that the occurrence took place on account of land dispute and in the facts of the case no offence under Section 307 IPC is made out and most of the injuries are simple in nature, let the petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Chainpur P.S. Case No. 93 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (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 bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on 3 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)