IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1809 of 2010 RAJU SHARMA @ RAUSHAN LOHAR SON OF SRI MUKHLAL VISHWAKARMA Versus STATE OF BIHAR ----------- 3. 19.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has been named in the first information report on the basis of suspicion having been identified by the police party when he was seen fleeing away from the place of occurrence. The petitioner states that he was a young boy at the time of occurrence and thereafter he had gone away to Calcutta and when he returned in the year 2008, the police on suspicion implicated him in three cases of more or less similar nature even though he was not involved in the said cases. The submission is that in between 1999 to 2008 there is no case pending against the petitioner. Taking into consideration the aforementioned facts as also that the petitioner is in custody since 24.1.2009 and charges have been framed now, 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 to the satisfaction of Addl. Sessions Judge, F.T.C. IInd, Patna in S.T.No.267 of 2003 arising out of Kadamkuan P.S.case No.317 of 1999, subject to the conditions (i) That one of the bailors will be a close relative of the - 2 - 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 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 of bail and (iii) 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. Learned Counsel for the petitioner submits that he 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 will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Patna within fifteen days of his release and file a certificate about the same in the court, (ii) that once the petitioner reports to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioner’s present vocation, if any, the petitioner can be made socially productive so that an effort is made to bring him back in the main stream of the society/ he is given adequate protection and (iii) at the end of six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. Narendra/ ( Anjana Prakash, J. )