IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28897 of 2011 Md. Kalam, S/o Md. Yasin. Versus The State of Bihar ------------------ 03. 28.11.2011 Heard learned counsel for the petitioner and the State, Mr. Choubey Jawaha. The petitioner seeks bail in a case instituted for the offences under Sections 395, 397 and 412 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently one witness had later stated that the petitioner had been seen moving on motor-cycle with an unknown person but he does not specify that the said motorcycle was the stolen one. Considering that the petitioner has not been put on Test Identification Parade or that any recovery was made from his possession, 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 or any other surety as fixed by the Court to the satisfaction of Sri Mukesh Kumar, Judicial Magistrate, 1st Class, Muzaffarpur (or its successor) in connection with Kurhani P.S. Case No. 118 of 2010 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 and the other bailor shall be the younger brother of the petitioner namely Md. Tajuddin. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. 2 (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 he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Muzaffarpur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. 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 3 circumstances, the petitioner is directed to appear before the Imam of Local Mosque, Muzaffarpur within fifteen days of his release and file a certificate about the same in the Court. On filing of the certificate the petitioner will be granted provisional bail for a period of six months. In case, the petitioner does not file a certificate about his reporting to the Imam within two weeks of his release from jail custody, he shall be noticed cancellation of bail. During six months the petitioner is expected to engage himself in fruitful activities under the guidance of the Imam, Muzaffarpur and at the end of the six months, he will file a certificate of his conduct in the court below issued by the Imam. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the petitioner will be taken in custody. Vikash/- (Anjana Prakash, J.)