IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11444 of 2010 PAWAN YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Satish Chandra For the State : Mr. S. Nr. Singh, A.P.P. 2. 15.4.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399/ 402/414 of the I.P.C. Considering that the petitioner is in custody since 11.10.2009 and undertakes not to indulge in any anti-social activities, after release on bail, let the petitioner 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, Madhepura in Madhepura P.S. Case No. 392/2009 G.R. Case No. 1548/2009, subject to the conditions (i) one of the bailor shall be the father of the petitioner who undertakes responsibility for the petitioner after release from jail custody and 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. The bailor will undertake to furnish information to the Court about any change in 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 initiated the proceeding for cancellation of bail on the ground of - 2 - 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 and (v) learned counsel for the petitioner submits that he has been implicated repeatedly at the instance of the local police who is hostile to the petitioner and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioner is directed to appear before the Head Priest of Temple situated at Madhepura with fifteen days of his release from jail custody and file a certificate about the same in the Court. On filing of the certificate the petitioner will be granted provisional bail for a period of six months. In the case, the petitioner does not file a certificate about his reporting to the Head Priest within two weeks of his release from jail custody he shall be noticed for cancellation of bail. During six months the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest at Madhepura and at the end of six months he will file a certificate of his conduct in the court below issued by the Head Priest. If the certificate granted to be petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the - 3 - petitioner will be taken into custody. MKchy ( Anjana Prakash, J. )