IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7112 of 2010 MANUA @ MANWA @ SHARVAN KUMAR, s/o Dularchand Mahto Versus THE STATE OF BIHAR ----------- 2/ 08.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 392, 411 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report nor has any recovery been made from his possession in pursuance to the confessional statement of the co- accused, wherein, the petitioner has been named. A supplementary affidavit has been filed stating therein that the petitioner has been made accused in two other cases i.e. Pirbahore P.S. case no.126 and 127 of 2009 instituted for the same occurrence in which he has been released on bail. Under the circumstances, let the petitioner, above named, who is in custody since 21.10.2009, 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 Chief Judicial Magistrate, Barh, Patna, in connection with Barh P.S. case no.24 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 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 - 2 - of misuse, and (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 trial in any manner, his bail will be liable to be cancelled for reasons of misuse. 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 timed. 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 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.)