IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13320 of 2010 MINTU KHAN SON OF LATE MUSTAFA KHAN Versus STATE OF BIHAR ----------- 3. 17.5.2010 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 and 25(I-B)/26/35 of the Arms Act. The prosecution case is that some persons suspected to be involved in anti social activities were arrested from a Hotel and from the possession of the petitioner a country made pistol with two live cartridges were recovered. The further case is that on their pointing out four motorcycles were recovered which were allegedly stolen from various locations. In view of the fact that the petitioner is in custody since 4.9.2009, 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 to the satisfaction of Sri Hari Prasad, Judicial Magistrate, Ist class, Patna in Gandhi Maidan P.S.case No.363 of 2009, subject to the conditions (i) That one of the bailors shall be the mother of the petitioner and the second bailor shall be the local since the petitioner belongs to Vaishali district and the third 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the - 2 - 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, (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 and (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. In view of nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Vaishali at Hajipur within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )