High Court Patna High Court - Orders

Md.Mansoor Ali @ Sheru vs State Of Bihar on 30 September, 2010

Patna High Court – Orders
Md.Mansoor Ali @ Sheru vs State Of Bihar on 30 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.26504 of 2010
              MD. MANSOOR ALI @ SHERU, SON OF LATE MD. ABDUL KHALIK
                                           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 399, 402 of the Indian Penal Code,

Sections 25(1-b)A and 26 of the Arms Act.

It has been submitted that one loaded country made

pistol was recovered from the possession of the petitioner and

on this pointing out two Fire Arms and some cartridges were

recovered from his house.

Considering that the petitioner is in custody since

16.12.2009 and had no criminal antecedents, 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 to be fixed by the court concerned to

the satisfaction of Shri Chanchal Kumar Tiwary, Judicial

Magistrate, 1st Class, Patna, in Pirbahore P.S. Case No. 495 of

2009 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 shall be the brother of the petitioner.

The bailor will undertake to furnish information to the court

about any change in address of the petitioner. (ii)That the
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affidavit shall clearly state that the petitioner is not an 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.

Learned counsel for the petitioner submits that the

petitioner 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 is directed to appear before

the Pesh Imam of Railway Station Mosque, Patna, within fifteen

days of his release and file a certificate about the same in the

court. On filing of the certificate the petitioner will be granted

provisional bail for a period of six months. In case, the petitioner

does not file a certificate about his reporting to the Pesh Imam

within two weeks of his release from jail custody, he shall be
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noticed for cancellation of bail. During six months the petitioner

is expected to engage himself in fruitful activities under the

guidance of the Pesh Imam of Railway Station Mosque, Patna,

and at the end of six months he will file a certificate of his

conduct in the court below issued by the Pesh Imam. If the

certificate granted to the petitioner is found satisfactory, the

court below will confirm the provisional bail granted to the

petitioner and in case it is not, the petitioner will be taken into

custody.

( Anjana Prakash, J.)
S.Ali