IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26715 of 2009 ARVIND YADAV @ ARVINDIA SON OF SHRI RAMJEE RAI Versus STATE OF BIHAR ----------- 8. 5.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 396 and 120B of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report nor he has been put on test identification parade and there is no recovery from his possession, but has been named on the basis of his own confession and the confessional statement of the co-accused, let the petitioner above named, who is in custody since 30.8.2007, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C.I, Patna in Sessions Trial No.1612 of 2008 arising out of Phulwarisharif (Gopalpur) P.S.case No.188 of 2007, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 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 of bail and (iii) that the petitioner will be well represented on each date and if he fails to do - 2 - 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 and file a certificate about the same in the court, (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. Narendra/ ( Anjana Prakash, J. )