IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41186 of 2009 AZAD @ CHHOTU, son of late Mazharul Haque, Resident of village Halim Chowk, P.S.Kishanganj District Kishanganj--------------------petitioner Versus THE STATE OF BIHAR----------------------opp.party ----------- 2. 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a, 26 & 35 of the Arms Act. Taking into consideration the fact that the petitioner is named in the F.I.R. on the basis of confessional statement of the co- accused but there has been no recovery from his possession and he has remained in custody since 20.11.2008, let the petitioner be released on bail on furnishing bail bond of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S.Case No. 104/2007 on the following conditions :- (1) That one of the bailors will be a close relative of the petitioner who will 2 give an affidavit giving genealogy as to how he is related with the petitioner, (2) 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 & (3) 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. The petitioner submits that he is being roped in repeatedly at the behest of the police due to which his self status has been damaged. He volunteers to report to the Head Maulabi at the central Mosk of Kishanganj and he be associated with him for the next six months. The petitioner is directed to report to the Head Maulabi of Kishanganj Mosk within 3 fifteen days of his release with the copy of this order and the Head Maulabi is requested to engage the petitioner in social productive work so that he is protected from the highhandedness of the police. At the end of six months the petitioner will be granted a certificate about his conduct which shall be filed in the court below for necessary action. (Anjana Prakash) Spal/