IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30843 of 2011 1. Tinku Kumar S/O Ramji Chaudhary R/O Vill. Ramji Chak, P.S. Digha, Distt. Patna. 2. Laxman Kumar S/O Late Ratan Mistri R/O Vill. Ramji Chak, P.S. Digha, Distt. Patna. Versus 1. The State of Bihar ---------------- 02. 19.09.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25 (1-B) A, 26 and 35 of the Arms Act. Considering that no arms were recovered from the possession of the petitioners and also no stolen article, 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 as fixed by the Court to the satisfaction of Sub- Divisional Judicial Magistrate, Masaurhi at Patna in connection with Masaurhi P.S. Case No. 280 of 2011 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 and the other bailor shall be the mother/father of the petitioner. The bailor will also undertake to inform the Court if there is any change in 2 the 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 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. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In the nature of allegations, the petitioner is directed to 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 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 3 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. Vikash/- (Anjana Prakash, J.)