IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14119 of 2010 MD.NAUSHAD ALAM @ NASIYA son of Md. Tauhid Versus STATE OF BIHAR ----------- 3/ 24.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307/34,324 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the prosecution case is that when nephew of the informant was going to the betel shop the petitioner and co-accused fired due to which he sustained injuries on his leg. Submission is that there is no repetition and the said firing is not specifically attributed to either of the accused persons. The petitioner’s wife undertakes to take responsibility of the petitioner after his release from the jail custody. In view of such, 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 to the satisfaction of the Additional Sessions Judge-cum- Fast Track Court No. IV, Munger, in connection with Sessions Trial No.221 of 2010, subject to the 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. Another bailor of the petitioner shall be his wife. The bailors will undertake to furnish information to the court about any change in the 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 - 2 - 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, (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 will report to the Imam of Jama Mosque of village-Mirjapur Bardah, within the district of Munger, 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, notice shall be sent to him for cancellation of bail, (ii) During the period of six months, the petitioner is expected to engage himself in fruitful activities under the guidance of the Imam of the Mosque, and at the end of the six months the petitioner will be required to file a certificate in the court below granted by Imam of the Mosque. 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. JA/- (Anjana Prakash, J.)