IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22571 of 2010 1. DHARMENDRA KUMAR @ DHARMENDRA RAVIDAS SON OF GARIBAN RAVIDAS 2. DILIP RAVIDAS SON OF RAM PRAVESH RAVIDAS Versus STATE OF BIHAR ----------- 4. 15.9.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 394 of the Indian Penal Code. It has been submitted that the petitioners are not named in the first information report and subsequently they were arrested on suspicion as also the co-accused named the petitioners, but there has been no recovery from their possession. Considering the same, let the petitioners above named, who are in custody since 18.2.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each 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, Gaya in Civil Lines P.S.case No.45 of 2010, subject to the conditions (i) That one of the bailors shall be the father/brother of the petitioners and the other bailor 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 - 2 - 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 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 and (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 that they have been implicated repeatedly at the instance of the local police, who hostile to the petitioners, and seek protection of a person well reputed doing social service in the area. Under the circumstances, the petitioners are directed to appear before the Head Priest of Vishnupad Temple, Gaya within fifteen days of their 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 petitioners fail to file certificate about reporting to the Head Priest within two weeks of their release from jail custody, notice shall be sent to him for cancellation of bail. During the period of six month, the petitioners are expected to engage themselves in fruitful activities under the guidance of the Head Priest, Vishnupad Temple, Gaya and at the end of six months, the petitioners will be required to file a certificate of their conduct in the court below granted by the Head Priest. If the certificate granted to the petitioners is found satisfactory, the court below will confirm the - 3 - provisional bail granted to the petitioners or else will issue notice for cancellation of bail. Narendra/ ( Anjana Prakash, J. )