IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23092 of 2011
Shyam Mahto, son of Dhaneshwar Mahto
Versus
The State Of Bihar
-----------
2. 29.7.2011 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 and 26 of the Arms Act.
Considering that the petitioner is in custody since
11.1.2011 for having been in possession of a country made
pistol and now the petitioner’s father is ready to stand surety for
him, 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 Chief Judicial
Magistrate, Purnea, in connection with Tikapatti P.S. Case No.
02 of 2011 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. The bailor will undertake to furnish information to the
court about any change in the 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
2
proceeding for cancellation of bail on the 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 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 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 is directed to appear before
the Head Priest of local Temple at Tikapatti (Purnea), within
fifteen days of his release from jail custody 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 Head Priest 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 fruitful activities
under the guidance of the Head Priest, local Temple of
Tikapatti (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
3
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.
( Anjana Prakash, J.)
S.Ali