IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28526 of 2009 CHHOTU DOM SON OF LATE MUNNA DOM Versus STATE OF BIHAR ----------- 5/ 23-11-2009 Heard both the parties. The petitioner seeks bail in a case institution under sections 395 and 412 of the Penal Code . Taking into consideration the fact that the petitioner is not named in the first information report nor any recovery is made from his possession nor has been put on T.I.Parade, let the above named petitioner who is in custody since 24.03.2009, be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarisarif P.S.Case No. 33 of 2009 on 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 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 - 2 - of bail on the ground of misuse, (iii) Learned counsel for the petitioner submits that he has been implicated repeatedly at the instant 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 the six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. ( Anjana Prakash, J ) BTiwary/