IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40181 of 2010 1. MD.SABIR son of Md. Halim @ Md. Hanif 2. Khursid Alam, son of Md. Yasin 3. Islamul Khatoon @ Islamun Khatoon, wife of Md. Sabir 4. Akhtari Khatoon, W/o Md. Izhar 5. Md. Ekram @ Md. Akaram, son of Md. Khursid All resident of village-Khanpur, P.S.-Hathauri, District- Muzaffarpur. Versus STATE OF BIHAR ----------- 2 09.11.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Hathauri P.S. Case No. 70 of 2008 for the offences punishable under Sections 341, 323, 448, 379, 504, 302, 34 of the Indian Penal Code. Learned counsel for the petitioners with reference to the allegation set out in the F.I.R. submits that except that the petitioners have been named as member of unlawful assembly, no specific overt act has been assigned to either of them. He submits that for such general and omnibus nature of allegation, the petitioners having a clean antecedent have remained in custody since 26.07.2010. 2 Considering the submission of learned counsel for the petitioners, let the petitioners (1) Md. Sabir (2) Khursid Alam (3) Islamul Khatoon @ Islamun Khatoon (4) Akhtari Khatoon and (5) Md. Ekram @ Md. Akaram be released on bail upon each of them furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Hathauri P.S. Case No. 70 of 2008, subject to the condition that the petitioners shall ensure their respective representation before the court below on each and every date fixed in the case and the failure on the part of either of the petitioners to ensure his/her representation before the court below on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below would confer liberty to the court below to initiate proceedings for cancellation of the bail bonds of the defaulting petitioner(s) and to take him/her into custody. PN (Jyoti Saran, J.)