IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2115 of 2010 AMAR SINGH, S/o Sri Gulab Chand Singh. Versus THE STATE OF BIHAR ----------- 05. 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 392 and 411 of the Indian Penal Code. The petitioner was refused bail by order dated 27.08.2009 with a liberty to renew his prayer for bail after having remained one year in custody which period the petitioner has completed. The antecedent of the petitioner has also been clearly stated in the petition from which it appears that the petitioner is accused in two other cases of more or less similar in nature. However, taking into consideration the merits of the case since the petitioner is not named in the First Information Report and his name transpired on the confessional statement of the co-accused but he was neither put on Test Identification Parade and the recovery has been made from his possession is - 2 - doubtful since the same was never put on Test Identification Parade, 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 3rd Additional Sessions Judge, Gaya in connection with Gaya Rail P.S. Case No. 183 of 2008 subject to the following 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. (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. (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 and if - 3 - 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 the Head Priest of Vishnupad Temple, Gaya within fifteen days of his release 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 petitioner fails to file certificate, notice shall be sent to him for cancellation of bail (ii) That once the petitioner reports to Head Priest, Head Priest 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. (iii) At the end of the six months, the petitioner will be required to file a certificate in the court below granted by Head Priest. If the certificate granted to the petitioner is found - 4 - satisfactory, the court below will confirm the provisional bail granted to the petitioner or else will issue notice for cancellation of bail. Vikash/- (Anjana Prakash, J.)