IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26184 of 2011 1. Sanjai Rai son of Rajo Rai 2. Raju Paswan son of late Bishwanath Paswan Versus The State Of Bihar ----------- 2. 09.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 3 R.P. (U.P.) Act. Considering that the petitioners are in custody since 4.3.2011 and 16.3.2011 respectively on account of the name having been disclosed by the co-accused who was caught along with stolen railway property and the petitioners’ family members are ready to stand surety for them, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Rail Magistrate, Barauni, in connection with Begusarai R.P.F. Case No. 2 of 2011 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of 2 similar nature after their 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 petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Learned counsel for the petitioners submits that he has been implicated repeatedly at the instance of the local police, who is hostile to the petitioners, and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioners are directed to appear before the Head Priest of Naulakha Temple, Bishanpur, Begusarai, within fifteen days of his release from jail custody on provisional bail for a period of six months and file a certificate about the same in the court within the stipulated time. In case, the petitioners fail to file certificate about reporting to the Head Priest within two weeks of their release from jail custody, notice shall be sent to them for cancellation of bail. During the period of six months, the petitioners are expected to engage themselves in fruitful activities under the guidance of the Head Priest, Naulakha Temple, Bishanpur, Begusarai, and at the end of the six months, the petitioners will be required to file a certificate of their conduct in the court below granted by the Head Priest. If the certificate granted to the petitioners is found satisfactory, the court below will confirm 3 the provisional bail granted to the petitioners or else will issue notice for cancellation of bail. S.Ali ( Anjana Prakash, J.)