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
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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
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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.)