IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30637 of 2011 Md. Tabraj Alam @ Tabraj Alam, son of Md. Nasir Versus The State Of Bihar ----------- 2. 16.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code. It has been submitted that the petitioner was the bona fide purchaser of Auto Rikshaw and he has no criminal antecedent as also that he is in custody since 7.6.2011 having no criminal antecedents. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with K. Hat (Sahayak) P.S. Case No. 215 of 2011 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 the petitioner and the other shall be the elder brother of the petitioner namely Md. Saiyad. The bailor will undertake to furnish information to the court about any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an 2 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. (iv) 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. (v)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. In the nature of allegation, the petitioner has been implicated 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 is directed to appear before the Pesh Imam, of any local mosque within Purnea Town, within fifteen days of his release from jail custody 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 about reporting to the Pesh Imam within two weeks of his release from jail custody, notice shall be sent to him for cancellation of bail. During the period of six months, the 3 petitioner is expected to engage himself in fruitful activities under the guidance of the Pesh Imam of any local Mosque at Purnea, and at the end of the six months, the petitioner will be required to file a certificate of his conduct in the court below granted by the Pesh Imam. 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. S.Ali ( Anjana Prakash, J.)