IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37696 of 2011 Shankar @ Chhotu son of Surendra Mahto R/o village/Mohalla Garhpar, P.S. Bihar, Dist. Nalanda…………………………..Petitioner Versus The State Of Bihar …………Opposite Party. ---------- 2 22.11.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case registered under section 461 and 379 of the Indian Penal Code and is in custody since 28.6.2011. It is submitted that co-accused Upendra Kumar whose case is identical to that of the petitioner has already been granted bail by an order dated 19.9.2011 passed in Cr. Misc. No. 30844 of 2011 by a Bench of this Court. The petitioner is not named in the first information report and his name has transpired on confessional statement of co-accused. Save and except the confessional statement there is no material against him. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Biharsharif at Nalanda in connection with Rajgir P.S. Case no.114 of 2011 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. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (ii) That the 2 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 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 trail in any manner, his bail will be liable to be cancelled for reasons of misuse (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In the nature of allegations, the petitioner is directed to appear before the Head Priest of Local Temple, Nalanda within fifteen days of his release and file a certificate about the same in the Court. On filing of the certificate the petitioner will be granted provisional bail for a period of six months. In case, the petitioner 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 cancellation of bail. During six months the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest, Local Temple, Nalanda and at the end of the six months, he will file a certificate of his conduct in the court below issued 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 and in case it is not, the 3 petitioner will be taken in custody. M.Rahman (Ashwani Kumar Singh, J)