IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29648 of 2011 1. Manoj Nut @ Manoj Khalifa son of Late Raj Kumar Khalifa 2. Rajesh Manjhi S/o Late Birbal Manjhi Versus The State Of Bihar ----------- 2. 12.9.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 379 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report and subsequently the witnesses merely stated that the petitioners had been seen roaming around near the place of occurrence. Considering the same, let the petitioners, 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 A.C.J.M., Danapur in connection with Dulhin Bazar P.S. Case No.105 of 2010, subject to the conditions (i) That one of the bailor shall be the 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. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned - 2 - if the petitioners is 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 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, (iv) That the petitioners will be well represented on each date 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 the petitioners 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 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, notice shall be sent to him for cancellation of bail, (b) That once the petitioner 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 mode socially - 3 - productive so that an effort is made to bring them back in the main stream of the society/they are given adequate protection and (c) 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. If the certificate granted to the petitioners is found satisfactory, the court below will confirm the provisional bail granted to the petitioners or else will issue notice for cancellation of bail. Narendra/ ( Anjana Prakash, J. )