IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14402 of 2010 SALIM ANSARI @ VIJAY JEE @ SHAYAM BIHARI KANU @ NETA JEE, S/o Late Belash Kanu. Versus THE STATE OF BIHAR ----------- 02. 06.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act. The petitioner is not named in the First Information Report wherein two unknown miscreants have been mentioned. The petitioner’s name transpired during investigation that he was one of the accused persons. There is no specific overt act alleged against him. The petitioner is in custody since 06.11.2009 and the petitioner’s wife undertakes to take responsibility for his activities after his release on bail. In view of such, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with three sureties of the like amount each to the satisfaction of Additional 2 District & Sessions Judge-V, Rohtas at Sasaram in connection with S.Tr. No. 54 of 2010 arising out of Nauhatta P.S. Case No. 16 of 2001 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, the second bailor shall be local in nature and the third bailor shall be the wife of the petitioner. The Magistrate shall also insist on proper identification preferably with photographs of the bailors as well as the petitioner since he has mentioned alias names. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (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 3 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. Vikash/- (Anjana Prakash, J.)