IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1870 of 2010 JITENDRA RAI, S/o Dhaneshwar Rai. Versus THE STATE OF BIHAR ----------- 02. 01.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code and later on converted into Sections 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report nor identified in the Test Identification Parade nor has there been any recovery from his possession, let the petitioner above named who is in custody since 16.05.2009 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, Saran at Chapra in connection with Bheldi P.S. Case No. 09 of 2009 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. (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 - 2 - 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. It has been submitted that the petitioner is being repeatedly roped in cases even though there is no tangible evidence against him on account of the fact that he is defenceless and has no means to defend himself and therefore volunteers to work with social worker to redeem his self-esteem. Under the circumstances, the petitioner is directed to appear before the head priest of Dharmnath Ji Temple at Chapra within fifteen days of his release from custody with a copy of this order and file a certificate with regard to the same in the court below. The head priest is requested to keep the petitioner in his association for the next three months so that no further harm caused to him by the local police. At the end of three months the Head Priest will give a certificate about the petitioner’s conduct to be filed in Court. Vikash/- (Anjana Prakash, J.)