IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33834 of 2009 1. SUKHU BIND, S/o Rajendra Bind. 2. Rudal Bind, s/o Sibi Bind. 3. Lorik Bind, S/o Lil Dhari Bind. Versus THE STATE OF BIHAR with Cr.Misc. No.34154 of 2009 1. MANOJ PASWAN, S/o Pavitar Paswan Versus THE STATE OF BIHAR with Cr.Misc. No.36688 of 2009 1. ANJAY BIND @ AJAY BIND S/O RABINDRA BIND VILL- BIR, P.S. DHANARUA, DISTT. PATNA. Versus 1. THE STATE OF BIHAR. ----------- 04. 16.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 394, 395 and 397 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report nor identified in the Test Identification Parade nor is there any recovery from their possession but on the statement of co-accused and the confessional statement of the petitioner, Anjay Bind @ Ajay Bind they have been made accused. A supplementary-affidavit has been filed today regarding criminal antecedent of the petitioners from which it appears that after the petitioners were remanded on 23.01.2008 they have been remanded in four other cases - 2 - of similar nature without any legal evidence. It has further been submitted that the petitioners belong to labour class and have no protection and therefore remanded falsely in these cases. Taking into consideration the aforesaid submissions, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-I, Patna in connection with Dhanarua P.S. Case No. 236 of 2007 (S.Tr. No. 2484 of 2008) subject to the following conditions:- (i) That one of the bailors 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 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. - 3 - Learned counsel for the petitioners submits that they have been implicated repeatedly at the instance of the local police who is hostile to the petitioners and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioners will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of their release and file a certificate about the same in the court (ii) That once the petitioners report to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioners’ present vocation, if any, the petitioners can be made socially productive so that an effort is made to bring them back in the main stream of the society/they are given adequate protection. (iii) At the end of the six months, the petitioners will be required to file a certificate in the court below granted by Mr. Kishore Kunal. Vikash/- (Anjana Prakash, J.)