IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 30630 of 2011 Radhe Shyam Singh @ Radhe Shyam Rai @ Radhe Rai, S/o Sri Devendra Prasad. Versus The State of Bihar ----------------- 03. 23.11.2011 Supplementary-affidavit on behalf of the informant filed today be kept on record. Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406 and 420 of the Indian Penal Code. It is jointly submitted by the parties that an effort should be made to settle the issue at this stage for this reason the petitioner is ready to refund Rupees Five Lakhs to the informant in three instalments subject to the final decision of the case. The informant also submits that he is agreeable to the same and will also make an effort to ensure an early disposal of the case. In view of such submissions, the petitioner is directed to enlarge on provisional bail for a period of six months on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 282 of 2010 (G.R. No. 3989 of 2010) 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. The bailor will also undertake to inform the 2 Court if there is any change in the address of the petitioner. (ii) 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. (iii) 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. The petitioner will deposit the first instalment of Rupees One Lakh within a month of release from the jail custody. The rest of the instalments shall be made within the period of provisional bail. It is made clear that in case the petitioner pays the entire dues amount to the informant the provisional bail granted to the petitioner shall stand confirmed on the aforesaid conditions. It is also made clear that in case the petitioner refunds the amount even before the expiry of the provisional bail the expiry of the period of provisional bail shall stand confirmed on the aforesaid conditions. To obviate any chance of further complication the petitioner shall deposit the dues by way of demand draft in the Court below. It shall be handed over to the informant on notice to him. Vikash/- (Anjana Prakash, J.)