IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28580 of 2009 SHAMBHU YADAV, S/o Ramanand Yadav. Versus THE STATE OF BIHAR ----------- 08. 04.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently for the recovery of one ring the petitioner has remained in custody since 02.10.2008, 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 to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 461 of 2008 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. (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) 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. 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 circumstances, the petitioner will report to the priest of “Thakurbari”, Forbesganj within fifteen days of his release with a copy of this order and file a certificate about the same in the court. The petitioner will be kept in his association for the next six months and engage him in fruitful activities in this period. At the end of six months, the priest will issue a certificate about the petitioner’s conduct which will be filed in the court below by the petitioner. Vikash/- (Anjana Prakash, J.)