IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29640 of 2011 1. Nepali Sao son of Daya Charan Sao, R/o Patna City Kuawa Khol P.S. Malsalami, District Patna 2. Santosh Kumar @ Mogal Sarayiya son of Shree Om Prakash Bihari, R/o village Pachna Road, Harijan Gali, P.S. Lakhisarai, District Lakhisarai 3. Pradeep Kumar S/o Bijay Paswan, R/o Kamla Nehru, P.S. Kotwali, District Patna …………. Petitioners Versus The State Of Bihar ----------- 2. 12.9.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 379 of the Indian Penal Code. Considering that the petitioners are in custody since 27.6.2011 and even though the participation of only one person has been disclosed in the First Information Report, three persons have been remanded subsequently, let the petitioners 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 to be fixed by the court concerned to the satisfaction of learned Railway Judicial Magistrate, Patna in connection with Patna GRP P.S. Case No.203 of 2011, subject to the conditions (i) That the fathers of the petitioners shall be one of the bailors and with regard to petitioner no.2 there shall be a local bailor since he belongs to Lakhisarai district. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the bailor shall - 2 - also state on affidavit that he will inform the court concerned if the petitioners is implicated in any other case of similar 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 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 delays 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 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 the petitioner nos.1 and 3 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 petitioner no.1 and 3 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 petitioner nos.1 and 3 fail to file certificate, notice shall be sent to them for cancellation of bail, (b) That once the petitioner nos.1 and 3 report to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the - 3 - petitioners’ present vocation, if any, the petitioner nos.1 and 3 can be mode 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 (c) At the end of the six months, the petitioner nos.1 and 3 will be required to file a certificate in the court below granted by Mr. Kishore Kunal. If the certificate granted to the petitioner nos.1 and 3 is found satisfactory, the court below will confirm the provisional bail granted to the petitioner nos.1 and 3 or else will issue notice for cancellation of bail. Learned Counsel for the petitioners submits that the petitioner no.2 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 no.2 is directed to appear before the Head Priest of local Temple, Lakhisarai within fifteen days of his release and file a certificate about the same in the Court. On filing of the certificate the petitioner no.2 will be granted provisional bail for a period of six months. In case, the petitioner no.2 does not file a certificate about his reporting to the Head Priest within two weeks of his release from jail custody, he shall be noticed for cancellation of bail. During six months the petitioner no.2 is expected to engage himself in fruitful activities under the guidance of the Head Priest, local Temple, Lakhisarai and at the end of six months - 4 - he will file a certificate of his conduct in the court below issued by the Head Priest. If the certificate granted to the petitioner no.2 is found satisfactory, the court below will confirm the provisional bail granted to the petitioner no.2 and in case it is not, the petitioner no.2 will be taken into custody. Narendra/ ( Anjana Prakash, J. )