IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45761 of 2009 1. SANJAY KUMAR GUPTA @ RAHUL, son of Late Madan Mohan Gupta 2. MUKESH KUMAR @ BHAGANWA, son of Mahesh Prasad Versus STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 392 of the Indian Penal Code. Considering the fact that petitioners have been released on bail in case which was instituted for recovery of the motorcycle which is the subject matter of theft of the present case. Let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Patna in connection with Budha Coloney P.S. Case No. 264 of 2008, subject to the 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 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 2 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) learned counsel for the petitioners 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 will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Bihar, Patna, within fifteen days of his release and file a certificate about the same in the Court, (ii) that once the petitioner reports to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioner’s present vocation, if any, the petitioner can be made socially productive so that an effort is made to bring him back in the main stream of the society/ he is given adequate protection and (iii) at the end of the six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. The learned Magistrate is directed to 3 consider the feasibility of amalgamating the present case with Phulwari P.S. Case No. 493 of 2008 which is connected with the present case so that no unnecessary replication occurs during trial. Shageer (Anjana Prakash, J)