IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14184 of 2010 RAVI KUMAR @ INDU BHUSHAN, SON OF SRI JAI KISHUN SINGH Versus STATE OF BIHAR with Cr.Misc. No.16193 of 2010 RANJIT SHARMA, SON OF MOHAN SHARMA Versus STATE OF BIHAR ----------- 4. 27.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395, 412 and 120(B) of the Indian Penal Code. The prosecution case is that five lacs and odd rupees were looted away from the Cashier of Allahabad Bank by unknown miscreants. Subsequently, the police zeroed down of a number of persons including one Chandan who disclosed that the petitioners Ravi Kumar @ Indu Bhushan and Ranjit Sharma were lodged in Beur Jail had also participated in the planning of the occurrence. The submission is that even accepting the prosecution case, the petitioners deserve to be released on bail since there has been no corresponding recovery from their possession. In view of such, 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 2 satisfaction of Additional Chief Judicial Magistrate/Chief Judicial Magistrate, Danapur, in Naubatpur P.S. Case No. 379 of 2008 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 of the petitioners. The bailor will undertake to furnish information to the Court about any change in 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 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 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 the petitioners 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. 3 Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of their release and file a certificate about the same in the court, upon which the court below will grant provisional bail for a period of six months. In case, the petitioners fail to file certificate, a 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 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. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Patna, within fifteen days of their release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners 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 4 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali ( Anjana Prakash, J.)