IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34081 of 2009 BAIJU SHARMA son of Deepan Singh, resident of village- Kalyanpur, P. S.- Paligunj, District- Patna… Petitioner. Versus STATE OF BIHAR ----------- 2. 07.10.2009. Heard counsel for the petitioner and counsel for the State. The allegation against the petitioner in F.I.R. read with materials collected in course of investigation against him even if accepted on face value would only amount to be a purchaser of the stolen article (deities of god and goddess worshipped in temple)for which he could have been released on bail, had he no criminal antecedent. Mr. Krishna Prasad Singh, learned senior counsel for the petitioner however fairly submits that the petitioner has also been made accused in two more cases both relating to similar nature of offence. That would mean that the petitioner who is in custody in connection with present case with effect from 3.3.2009 has adopted a way of life which is not encouraging for himself or beneficial for the society. Mr. Singh however would submit that 2 the petitioner is a firm believer in God and is prepared to reform himself by associating himself in active social and religious activities which may lead to his improvisation by getting rid of his temptations to commit similar offences. He submits that the petitioner in order to prove his bona fide and noble intentions would voluntarily render service in any temple on every Tuesday and Saturday. This Court is impressed with the aforesaid submissions of Mr. Singh and would therefore direct for release of the petitioner on provisional bail for a period one year if he gives a personal undertaking in writing that for a period of one year on each and every Tuesday and Saturday he shall visit and render service in MAHAVIR STHAN temple at Patna Junction as per the schedule fixed by Mr. Kishore Kunal, the Chairman of Bihar State Religious Trust Board and the Secretary of MAHAVIR STHAN Trust Committee, Patna Junction. Trust Committee Mr. KUNAL Will allocate any social or religious work to the petitioner during his stay in temple, at 3 least for a period of four hours on those two days every week and keep him under watch and observation by getting his presence and performance recorded by any person authorized by him. The petitioner on completion of the period of one year and on production of a certificate issued by Mr. KISHORE KUNAL recording satisfactory services rendered by the petitioner would be entitled for confirmation of his regular bail. Subject to compliance of the aforementioned terms and conditions, the petitioner namely Baiju Sharma for the time being shall be released on provisional bail for a period of one year on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each (one of which must be that of a close relative of the petitioner) to the satisfaction of Shree B. M. Singh, learned Judicial Magistrate, Ist Class, Jehanabad in connection with Kinjar P. S. Case No. 9 of 2009 and his such provisional bail on surrendering before the court below will be confirmed only if he satisfies the concerned court that he had 4 rendered satisfactory service in Mahavir Sthan Temple, Patna Junction for a period of one year and further that he was not made accused in any fresh criminal case in this period of one year. In the event, the provisional bail of the petitioner for any reason is not confirmed; he will have the liberty to move this court. With the aforesaid observations and directions, this application is disposed of. Let a copy of this order be also sent to Mr. KISHORE KUNAL, Chairman of Bihar State Board of Religious Trust-cum- Secretary Mahavir Sthan Trust Committee, Patna Junction, Patna. kanchan (Mihir Kumar Jha, J.)