IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26963 of 2009 HAZRAT ALI HAZZA @ MD.HAZRAT @ MD. HAJJA, S/o Johak Ali. Versus THE STATE OF BIHAR ----------- 03. 04.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B) A, 26(ii) and 35 of the Arms Act. Taking into consideration the fact that the petitioner’s name was disclosed by the co-accused persons when they were caught by the police and there was no recovery from the possession of the petitioner, let the petitioner above named who is in custody since 09.04.2009 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 Additional Sessions Judge, F.T.C-VI, Purnea in connection with Sadar (Mufassil) P.S. Case No. 230 of 2007 (S.Tr. No. 518 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 bailor shall also state on affidavit that he will inform the court concerned if the - 2 - 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. The petitioner is directed to report before the Supdt. of Police, Purnea within fifteen days of his release from the custody with a copy of this order and every two weeks thereafter for the next six months. During these six months the petitioner’s conduct will be kept on watch and in case it is found wanting in any aspect the report about the same will be made by the Supdt. of Police to the court concerned. In case the Court concerned receives adverse report he will proceed to make an inquiry for cancellation of bail. Vikash/- (Anjana Prakash, J.)