IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30565 of 2011 Aman Kumar son of Nathu Pandit Versus The State Of Bihar with Cr.Misc. No.24468 of 2011 Chanchal Kumar son of Nathuni Sah Versus The State Of Bihar ----------- 4. 18.10.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 394 of the Indian Penal Code. Considering that the petitioners have been named in the confessional statement of the co-accused but there has been no recovery from their possession and they have fair antecedents, let the petitioners 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Govindganj (Areraj) P.S. Case No.47 of 2011, subject to the conditions (i) That one of the bailor shall be the father/brother of the petitioners and the other bailor 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 address of the petitioners. (ii) That the affidavit - 2 - shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) 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 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 ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (v) That the petitioners will be well represented on each date 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 the petitioners have been implicated at the instance of the local police who is hostile to the petitioners and seek 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 local Temple, Motihari within fifteen days of their release and file a certificate about the same in the Court. On filing of the certificate the petitioners will be granted provisional bail for a period of six months. In case, the petitioners do not file a certificate about their reporting to - 3 - the Head Priest within two weeks of their release from jail custody, they shall be noticed for cancellation of bail. During six months the petitioners are expected to engage themselves in fruitful activities under the guidance of the Head Priest, local Temple, Motihari and at the end of six months they will file a certificate of their conduct in the court below issued by the Head Priest. If the certificate granted to the petitioners is found satisfactory, the court below will confirm the provisional bail granted to the petitioners and in case it is not, the petitioners will be taken into custody. Narendra/ ( Anjana Prakash, J. )