IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4866 of 2010 MUSTAKIM ANSARI, SON OF MD. RAFIQUE ANSARI @ RAFIQUE MIAN Versus STATE OF BIHAR ----------- 2. 22/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 326, 353, 379, 120B of the Indian Penal Code, Sections 25(1-B)A, 26, 27 of the Arms Act, Sections 3, 4, 5 of Explosive Substance Act and Section 17 of C.L.A. Act. The petitioner is not named in the First Information Report as being one of the ten named accused and 50-60 unknown persons who participated in the occurrence. Thereafter in the diary of one of the deceased/extremists, the phone number of the present petitioner was mentioned and thereafter, a witness, ten days later, named the present petitioner as having overheard some incriminating conversation between the present petitioner and one Radhey Sah and thereafter, some witnesses were examined who state that the petitioner also participated in the occurrence. However, there is no criminal antecedent against the petitioner nor he is a member of any extremists group. Taking into consideration the aforementioned facts as also that the petitioner has remained in custody since 29.8.2009, that let the petitioner above named, be released on bail on - 2 - furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui, in connection with Sono P.S. Case No. 120 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. (ii)That the 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. S.Ali (Anjana Prakash, J.)