IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7627 of 2010 RAVI RAI, son of Moti Rai Versus STATE OF BIHAR ----------- 2/ 09.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioner is not named in the First Information Report, wherein, specific overt act is alleged against Ramnandan Prasad Sinha of having fired at the deceased. The petitioner has been roped in subsequently on the confession of Ramnandan Prasad Sinha. It has further been submitted that death was caused due to single fire arm injury and, so, even accepting the statement of the co-accused, at best it would be a case of being a member of the unlawful assembly. Under the aforesaid circumstances, let the petitioner, above named, who is in custody since 4.8.2009, be released on provisional bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, 2nd , Patna, in connection with S. Tr. No.1425 of 2009 arising out of Budha Colony P.S. case no.92 of 2009, subject to the 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 - 2 - 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 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. 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 Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of his 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 fails to file certificate, notice shall be sent to him for cancellation of bail, (ii) That once the petitioner reports to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioner’s present vocation, if any, the petitioner can be made socially productive so that an effort is made to bring him back in the main stream of the society/ he is given adequate protection and (iii) At the end of the six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner or else will issue notice for cancellation of bail. JA/- (Anjana Prakash, J.)