High Court Patna High Court - Orders

Md. Jasim Ali vs The State Of Bihar on 17 March, 2011

Patna High Court – Orders
Md. Jasim Ali vs The State Of Bihar on 17 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.45210 of 2010
                   MD. JASIM ALI S/O LATE SHEIKH BASRUDDIN
                                       Versus
                              THE STATE OF BIHAR
                                      -----------

2. 17.03.2011 Heard learned counsel for the petitioner and

the state.

The petitioner seeks bail in a case instituted

for the offence under Sections 414/121 (A) of the Indian

Penal Code and 25 (1-B) A, 26 of the Arms Act, 3/5 of

the Explosive Substance Act, 17 C.L.A. Act and 13

U.P.A. Act.

It has been submitted that the petitioner is in

custody since 5.12.2009 for recovery of one country

made pistol and apart from one other case he has fair

antecedents.

Considering the same, 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 learned A.D.J.,

F.T.C.-II, Jamui in connection with S.T. No. 630/10

arising out of Khaira P.S. Case No. 276/2009, subject

to the conditions, (i) That one of the bailor will be a

close relative of the petitioner who will give an affidavit
2

giving genealogy as to how he is related with the

petitioner and the other bailors shall be the elder

brother of the petitioner namely Sagir Ali. The bailors

will undertake to furnish information to the Court

about any change in address of the petitioner. (ii) That

the bailors shall also state on affidavit that they 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.

The fact that the petitioner has only one other

case besides the present one shall be verified by the

Magistrate before releasing the petitioner on bail.

Fahad.                                 ( Anjana Prakash, J.)