IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31486 of 2010
MD.PESHKAR @ JAKIR S/O MUNSI SAIFFUDDIN
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 25 (1-B) A,
26/35 of the Arms Act.
The petitioner was refused bail earlier bail
by an order dated 11.02.2010 vide Cr. Misc. No.
43246 of 2009 but for the present.
It has been submitted that the petitioner is
in custody since 27.2.2009 and now the petitioner’s
father under takes responsibility for the petitioner’s
conduct after his release from jail custody.
Considering the same, let the petitioner
above named, be released on provisional 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 Additional Sessions
Judge, F.T.C.-8, Purnea in connection with Sessions
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trial No. 905 of 2009 arising out of K. Nagar P.S.
Case No. 56/2009, subject to the conditions, (i) That
one of the bailor 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 bailor shall be the father of the petitioner. The
bailor will undertake to furnish information to the
Court about any change in 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
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, (v) Learned counsel for
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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 will report
to Imam, Town Masjid, Purnea, within fifteen days of
his release 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 Imam, Towm Masjid, Purnea 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 frutitful activies under the guidance of the Imam,
Town Masjid, 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 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.
Fahad. ( Anjana Prakash, J. )