IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3387 of 2011 Bishwajit Jaiswal @ Bishwajit Kr. Jaiswal @ Pinku Jaiswal son of Late Rajendra Prasad Jaiswal Versus The State Of Bihar ----------- 3. 20.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.414, 420, 467, 468, 471, 474 and 120B of the Indian Penal Code. The petitioner was refused bail by orders dated 5.11.2009, 20.5.2010 and 11.8.2010 considering the nature of allegations leveled against him. The prayer for bail has been renewed on the ground that the petitioner is in custody since 30.4.2009 and no sufficient progress has been made during trial. A report was called for from the Trial Court, which reveals that the witnesses are not appearing despite repeated notices to them. Considering the period of custody and the fact that the petitioner’s mother is ready to stand surety for him, 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 learned Judicial Magistrate, 1st class, Patna in connection with - 2 - Gandhi Maidan P.S. case No.351 of 2008, subject to the conditions (i) That one of the bailor shall be the mother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Learned counsel for the petitioner submits that he has been implicated repeatedly 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 will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, 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 - 3 - shall be sent to him for cancellation of bail, (b) That once the petitioner reports to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioner’s present vocation, if any, the petitioner can be mode socially productive so that an effort is made to bring him back in the main stream of the society/ he is given adequate protection and (c) At the end of the six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. 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. Narendra/ ( Anjana Prakash, J. )