IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25210 of 2011 Dablu Raut @ Dablu Mestar son of Chhote Raut Versus The State Of Bihar ----------- 2. 4.8.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act. It has been submitted that the petitioner’s name transpired in the First Information Report on the basis of the confessional statement of the co-accused and there has been no recovery from his possession as also that there is only one other case pending against the petitioner. 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 of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional District and Sessions Judge, Fast Track Court No.4, Sitamarhi in connection with Sessions Trial No.200 of 2011 arising out of Sitamarhi P.S. Case No. 586 of 2009, subject to the conditions (i) That one of the bailor shall be the father of the petitioner and the other bailor 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 - 2 - the Court about any change in 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 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, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Learned Counsel for the petitioner submits that the petitioner has been implicated repeatedly at the instance of the local police who is hostile to the petitioner and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioner is directed to appear before the Head Priest of Janki Temple, Sitamarhi within fifteen days of his release and file a certificate about the same in the Court. On filing of the certificate the petitioner will be granted provisional bail for a period of six months. In case, the petitioner does not file a certificate about his reporting to the Head Priest within two weeks of his release from jail custody, he shall be noticed for cancellation of bail. - 3 - During six months the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest, Janki Temple, Sitamarhi and at the end of six months he will file a certificate of his conduct in the court below issued by the Head Priest. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the petitioner will be taken into custody. The fact that the petitioner is an accused in only one other case will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )