IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10344 of 2010 DEEPAK KUMAR, S/o Vijay Kumar Singh. Versus THE STATE OF BIHAR ----------- 02. 01.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. After some miscreants committed train dacoity one of the mobiles was traced to the present petitioner who was using the same on his own SIM Card. It has been submitted that the petitioner has no criminal antecedent and is a young boy student of intermediate. So, let the petitioner above named 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 Railway Judicial Magistrate, Patna in connection with Mokama (Hathidah) P.S. Case No. 9 of 2009 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 - 2 - the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. Learned counsel for the petitioner submits that there is a chance of him being implicated further and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioner will report to Head Priest, Jagdamba Temple at Barahiya 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 Head Priest he 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 - 3 - that an effort is made to bring him back in the main stream of the society/he is given adequate protection. (iii) At the end of the six months, the petitioner will be required to file a certificate in the court below granted 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 or else will issue notice for cancellation of bail. Vikash/- (Anjana Prakash, J.)