IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4867 of 2010 MD.MOIN@ HATTA MIAN @ HATTA S/O MD.JAMAL Versus STATE OF BIHAR ----------- 4. 05.7.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 307, 412, 353 of the Indian Penal Code and 25 (1-B) A, 25, 27, 35 of the Arms Act. The prosecution case is that the miscreants numbering about six, generally fired at police personnel and thereafter, when the petitioner was identified in the transaction, his house was searched and arms were recovered from his house. It has been submitted that the petitioner is in custody since January,2008 and from the report of the trial court, it appears that even though the charge was framed on 23.5.2008, no witnesses has turned up as yet. Considering the same, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties - 2 - of the like amount each to the satisfaction of the learned A.D.J. F.T.C. I Madhepura, in connection with Kumarikhand P.S. case no. 27/2002, subject to the 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 bailor shall be the father of the petitioner. The bailors will undertake to furnish information to the court about 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 misuses, (iii) 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, (iv) In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Madhepura, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next one year. - 3 - The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, 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. Fahad. ( Anjana Prakash, J. )