IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1832 of 2010 BABLOO RAM @ BABLOO DOME, SON OF LATE KALTU DOME Versus STATE OF BIHAR with Cr.Misc. No.5193 of 2010 LOTHA DOME, SON OF RAM PRAVESH RAM Versus STATE OF BIHAR ----------- 3. 22/02/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioners have been named in the confessional statement of the co-accused but they have not been put on Test Identification Parade, nor there has been any recovery from their possession, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Fulwarisharif P.S. Case No. 33 of 2009 subject to the following 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. (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 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 - 2 - 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. (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. Learned counsel for the petitioners submits (i) that the petitioners have been implicated repeatedly at the instance of the local police who is hostile to the petitioners and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioners will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of their release and file a certificate about the same in the court, upon which the court below will grant provisional bail to the petitioners for a period of six months, (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, upon which the court below will confirm the provisional bail granted to the petitioners, if satisfactory. S.Ali (Anjana Prakash, J.)