IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17462 of 2010 1. SHEKHAR @ SHEKHARIA @ SHEKHAR KUMAR, S/o Nand Kishore Yadav. 2. Monu @ Monu Kumar, S/o Late Suraj Prasad. Versus THE STATE OF BIHAR ----------- 02. 19.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 394 of the Indian Penal Code. It has been submitted that when the petitioner No. 1 was arrested in Patna G.R.P. P.S. Case No. 419 of 2009 he confessed his complicity in the present case as well and implicated the petitioner No. 2 also on account of which the petitioners were remanded in the present case. Where the merits of the present case is concerned the petitioners are not named in the First Information Report nor have they been put on Test Identification Parade and there is no recovery from their possession, 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 Railway Judicial Magistrate, Patna in connection with Patna G.R.P. P.S. Case No. 416 of 2009 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 2 petitioners and the other bailor shall be the brother of the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of 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. (iv) That the petitioners will be well represented on each date and 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 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, Patna within fifteen days of their release on provisional bail for a period of six months and file a 3 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. (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 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. Vikash/- (Anjana Prakash, J.)