IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13209 of 2010 1. TONI PASWAN SON OF BHOLA PASWAN 2. FIROZ PASWAN SON OF RAJBANSH PASWAN Versus THE STATE OF BIHAR ----------- 3. 24.6.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 395 of the Indian Penal Code. It has been submitted that the petitioners are not named in the first information report and 10 months later some witnesses disclosed the name of the petitioners presumably on account of the fact that the petitioners have criminal antecedents. However, there has been no recovery from their possession nor have they been put on test identification parade. In view of such, let the petitioners above named, who are in custody since 4.4.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV, Aurangabad in S.Tr.No.240 of 2009/ 560 of 2009 arising out of Nabinagar P.S.case No.20 of 2008, subject to the conditions (i) That one of the bailors shall be the father/wife 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 the address of the petitioners, (ii) - 2 - 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 and (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 he has 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 are directed to appear before the Head Priest of Deo Surya Temple at Aurangabad within fifteen days of their release from jail custody and file a certificate about the same in the Court. On filing of the certificate the petitioners will be granted provisional bail for a period of six months. In the case, the petitioners do not file a certificate about their reporting to the Head Priest within two weeks of their release from jail custody they shall be noticed for cancellation of bail. During six months the petitioners are expected to engage themselves in - 3 - fruitful activities under the guidance of the Head Priest, Deo Surya Temple and at the end of six months they will file a certificate of their conduct in the court below issued by the Head Priest. If the certificate granted to the petitioners is found satisfactory, the court below will confirm the provisional bail granted to the petitioners and in case it is not, the petitioners will be taken into custody. Narendra/ ( Anjana Prakash, J. )