IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6662 of 2011 1. ABDUL WAHID S/O LATE MUNIF MIAN 2. MD. NATHU MAIN S/O LATE RAUF MIAN 3. MD. SABIR @ SABIR MIAN S/O ZANIF MIAN 4. MD. ALAUDDIN MIAN S/O SUDHAN MIAN 5. MD. ZAFIR MIAN S/O LATE MADISH MIAN 6. MUSTAQUE MIAN S/O LATE SATTAR MIAN Versus THE STATE OF BIHAR ----------- 2. 23.3.2011 Learned Counsel for the petitioners is permitted to make correction in the prayer portion of the petition with regard to designation of the Court in course of the day. Heard learned Counsel for the petitioners, State and the informant. The petitioners seek bail in a case instituted for the offence u/ss.147, 148, 149, 324, 307 and 302 of the Indian Penal Code. Considering that there is no specific overt act alleged against the petitioners, let the petitioners above named, who are in custody since 12.1.2011, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of A.D.J., F.T.C.II, Sheohar at Sitamarhi in S.T.No.6 of 2011 (for petitioner No.6) and C.J.M., Sheohar at Sitamarhi in Piprahi P.S. case No.85 of 2010 (for petitioner nos.1 to 5), subject to the conditions (i) That - 2 - one of the bailor 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 undertake to furnish information to the Court about any change in 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 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 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. It appears that the case of petitioner no.6 has already been committed to the Court of Sessions, but in the case of petitioner nos.1 to 5 charge sheet was submitted only recently. The Magistrate concerned is - 3 - directed to immediately commit the case to the Court of Sessions so that the trial of petitioner nos.1 to 5 is amalgamated with the trial of petitioner no.6. Narendra/ ( Anjana Prakash, J. )