High Court Patna High Court - Orders

Md.Peshkar @ Jakir vs State Of Bihar on 30 September, 2010

Patna High Court – Orders
Md.Peshkar @ Jakir vs State Of Bihar on 30 September, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.31486 of 2010
             MD.PESHKAR @ JAKIR S/O MUNSI SAIFFUDDIN
                                 Versus
                          STATE OF BIHAR
                                -----------

3. 30.09.2010 Heard learned Counsel for the petitioner

and the State.

The petitioner seeks bail in a case

instituted for the offence under Sections 25 (1-B) A,

26/35 of the Arms Act.

The petitioner was refused bail earlier bail

by an order dated 11.02.2010 vide Cr. Misc. No.

43246 of 2009 but for the present.

It has been submitted that the petitioner is

in custody since 27.2.2009 and now the petitioner’s

father under takes responsibility for the petitioner’s

conduct after his release from jail custody.

Considering the same, let the petitioner

above named, be released on provisional bail on

furnishing bail bond of Rs. 5,000/-(Five thousand)

with two sureties of the like amount each or any

other surety to be fixed by the court concerned to

the satisfaction of learned Additional Sessions

Judge, F.T.C.-8, Purnea in connection with Sessions
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trial No. 905 of 2009 arising out of K. Nagar P.S.

Case No. 56/2009, subject to the conditions, (i) That

one of the bailor 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 father of the petitioner. The

bailor will undertake to furnish information to the

Court about any change in address of the petitioner.

(ii) 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 ground of

misuse, (iii) 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, (iv) That

the petitioner will be well represented on each date if

he fails to do so on two consecutive dates, his bail

will be liable to be cancelled, (v) Learned counsel for
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the petitioner submits that he has been implicated

repeatedly at the instance of the local police who is

hostile to the petitioner and seeks protection of a

person well reputed doing social service in the area.

Under the circumstances, the petitioner will report

to Imam, Town Masjid, Purnea, within fifteen days of

his release on provisional bail for a period of six

months and file a certificate about the same in the

court within the stipulated time. In case, the

petitioner fails to file certificate about reporting to

the Imam, Towm Masjid, Purnea within two weeks of

his release from jail custody, notice shall be sent to

him for cancellation of bail. During the period of six

months, the petitioner is expected to engage himself

in frutitful activies under the guidance of the Imam,

Town Masjid, Purnea, and at the end of the six

months, the petitioner will be required to file a

certificate of his conduct in the court below granted

by the head Priest. If the certificate granted to the

petitioner is found satisfactory, the court below will

confirm the provisional bail granted to the petitioner

or else will issue notice for cancellation of bail.

Fahad.                            ( Anjana Prakash, J. )