IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26211 of 2011 1. Vidhan Kumar son of Bijendra Rai 2. Doman Pal @ Soman Pal, son of Ram Ishwar Pal Versus The State Of Bihar ---------------------------------- 3. 22.11.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395, 397, 412 of the Indian Penal Code and Sections ¾ of the Explosive Substance Act. Considering that there is only weak circumstantial material against the petitioners, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Danapur (Patna), in connection with Danapur P.S. Case No. 65 of 2011, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the father/brother of the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners. (ii) That the bailors shall also state on affidavit that they 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 2 thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each date and 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 they has been implicated 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, Bihar, Patna, 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 petitioners fail to file certificate, notice shall be sent to him for cancellation of bail, (ii) That once the petitioners report to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioners’ present vocation, if any, the petitioners can be made socially productive so that an effort is made to bring them back in the main stream of the society/ they are given adequate protection and (iii) At the end of the 3 six months, the petitioners will be required to file a certificate in the court below granted by Mr. Kishore Kunal. If the certificate granted to the petitioners is found satisfactory, the court below will confirm the provisional bail granted to the petitioners or else will issue notice for cancellation of bail. S.Ali ( Anjana Prakash, J.)