IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26549 of 2011 1. Nepali Sao son of Daya Charan Sao, r/o Patna City Kauwa Khol, P.S. Malsalami, Dist.- Patna 2. Santosh Kumar @ Mogal Saraiya S/o Shree Om Prakash Bihari, r/o village- Pachna Road Harijan Gali, P.S.- Lakhisarai, & District- Lakhisarai 3. Pardeep Kumar S/o Bijay Pawan R/o Kamla Nehru Nagar, P.S.- Kotwali, District- Patna …Petitioners Versus The State Of Bihar ...OP ----------- 2/ 16.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 399, 402, 413 of the Indian Penal Code. Considering that the petitioners are in custody since 19.05.2011, let the petitioners, above named, be released on provisional 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 below to the satisfaction of the Railway Judicial Magistrate, Patna, in connection with Patna Rail P.S. Case No.194 of 2011, 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 another bailor shall be the father/mother/brother of the petitioners. With regard to petitioner no.2, one local bailor shall be required since he is from Lakhisarai district. 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 nature after their release in the present case and thereafter the court below will be at liberty 2 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, and (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. With regard to the petitioners, learned counsel submits that they have been implicated repeatedly at the instance of the local police who is hostile to the petitioners and seek protection of a person well reputed doing social service in the area. Under the circumstances, the petitioner nos. 1 and 3, namely, Nepali Sao and Pardeep Kumar, 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/ 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 3 provisional bail granted to the petitioner no. 1 and 3 or else will issue notice for cancellation of bail. With regard to petitioner no.2, Santosh Kumar @ Mogal Saraiya, he is directed to appear before the Head Priest of local Temple within Lakhisarai Town, within fifteen days of his release from jail custody 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 fails to file certificate about reporting to the Head Priest within two weeks of his release from jail custody, notice shall be sent to him for cancellation of bail. During the period of six months, the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest, Local Temple, Lakhisarai, and at the end of the six months, the petitioner will be required to file a certificate of his conduct in the court below granted by the Head Priest. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner no.2 or else will issue notice for cancellation of bail. It has been submitted that there is only one other case pending against the petitioner nos. 2 and 3 which fact shall be verified by the Magistrate before releasing them on bail. JA/- (Anjana Prakash,J.)