IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8691 of 2010 MOHAMMAD SALIM, son of Late Mohammad Jamaluddin Versus STATE OF BIHAR ----------- 3/ 28.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 307 and 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. The petitioner was one of the rioters in a case instituted in the year 1989. However, after investigation, final report was submitted in the case. Thereafter, on the orders of the State Government the riot cases were reopened and then the petitioner has been put on trial once again after a lapse of 20 years. A supplementary affidavit has been filed stating therein that the petitioner is not accused in any other case of rioting. In view of such, let the petitioner, above named, who is in custody since 6.1.2010, 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 the Chief Judicial Magistrate, Bhagalpur, in connection with Nathnagar P.S. case no.231 of 19899, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on - 2 - bail, (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, and (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. JA/- (Anjana Prakash, J.)