IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35574 of 2009 MUKESH KUMAR, s/o Kishori Singh Versus STATE OF BIHAR ----------- 4/ 23.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 379 of the Indian Penal Code. Taking into consideration the fact that petitioner has been implicated in the present case on his own confession for which he has remained in custody since 17.3.2009, let the petitioner, above named, be released on provisional bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, in connection with Agamkuan P.S. case no.19 of 2009, subject to the 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 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, (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 he fails to do so on two consecutive - 2 - dates, his bail will be liable to be cancelled. It has been submitted that the petitioner is accused in one more case of similar nature and, so, petitioner will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of his release and file a certificate about the same in the court upon which the court below will grant provisional bail for a period of six months. In case, the petitioner fails to file a certificate, notice shall be sent to him for cancellation of bail, (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 and (iii) at the end of the six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner or else will issue notice for cancellation of bail. JA/- (Anjana Prakash, J.)