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
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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