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 ----------- 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 2 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 3 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. S.Ali ( Anjana Prakash, J.)