IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2009 of 2010 SURENDRA PASWAN, S/o Naresh Paswan. Versus THE STATE OF BIHAR ----------- 02. 01.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Taking into consideration the fact that there is no legal evidence against the petitioner in the present case and he has been made accused in nine other cases on the confessional statement of Raj Kishore Paswan and in all the cases he has been released on bail, 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 to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Gurua P.S. Case No. 40 of 2005 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. (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 - 2 - the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) 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. It has been submitted that the petitioner is being repeatedly roped in cases even though there is no tangible evidence against him on account of the fact that he is defenceless and has no means to defend himself and therefore volunteers to work with social worker to redeem his self-esteem. Under the circumstances, the petitioner is directed to appear before the head priest of Vishwanath Temple at Gaya within fifteen days of his release from custody with a copy of this order and file a certificate with regard to the same in the court below. The head priest is requested to keep the petitioner in his association for the next six months so that no further harm caused is to him by the local police. At the end of six months the Head Priest will give a certificate about the petitioner’s conduct to be filed in court. Vikash/- (Anjana Prakash, J.)