IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2408 of 2010 AJAY PASWAN @ BADAL son of Ram Pravesh Paswan Versus THE STATE OF BIHAR With Cr. Misc. No. 3420 of 2010 NAND KISHORE RAM son of late Budhan Ram Versus STATE OF BIHAR ----------- 4/ 02.07.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under section 392 of the Indian Penal Code. It has been submitted that the petitioners were arrested since their names were disclosed in the confessional statement of the co-accused but neither has there been any recovery nor have they been put on test identification parade. In view of such, let the petitioners, 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 Sri V. K. Srivastava, Judicial Magistrate, 1st class, Danapur, Patna, in connection with Sigori P.S. Case No.77 of 2007, subject to the 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 bailor shall be the wife/father 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar - 2 - nature after their 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 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 have been implicated repeatedly at the instance of the local police who is hostile to the petitioners and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioners will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of their 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 them 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 and they are given adequate protection and (iii) At the end of the 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. JA/- (Anjana Prakash, J.)