IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.33140 of 2010
MD. SHAMIM, S/o Late Saghiruddin @ Sagir.
Versus
THE STATE OF BIHAR
-----------
02. 04.10.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 25(1-B) A C, 26 and 35 of the
Arms Act.
Considering that only one country-made pistol
was recovered from the house of the petitioner for which
he has remained in custody since 13.02.2010, let the
petitioner, above named 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 as fixed by the
Court to the satisfaction of Sri A.K. Singh, Judicial
Magistrate, 1st Class, Kishanganj (or his successor) in
connection with Kochadhaman P.S. Case No. 173 of 2008
(G.R. No. 1299 of 2008) subject to the following
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 and
the other bailor shall be the brother of the petitioner. The
bailor will also undertake to inform the Court if there is
any change in the address of the petitioner. (ii) That the
affidavit shall clearly state that the petitioner is not an
2
accused in any other case and if he is he shall not be
released on bail. (iii) That the bailor shall also state on
affidavit that he 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.
(Anjana Prakash, J.)
Vikash/-