IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5160 of 2010 KARA @ CHANDRADEO PASWAN @ TEDGHEGHA S/O LATE SHARAD PASWAN Versus THE STATE OF BIHAR ----------- 2. 23.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457 and 382 of the Indian Penal Code. Taking into consideration the fact that the petitioner is named in the first information report on the basis of the confessional statement of the co-accused, who was caught at the spot, but there has been no recovery from his possession nor has been put on test identification parade, let the petitioner above named, who is in custody since 2.12.2009, 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 C.J.M., Gaya in Chandauti P.S.case No.164 of 2009, subject to the 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 present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date - 2 - 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. The petitioner is said to be an accused in two other cases of similar nature, so the petitioner is directed to appear before the Head Priest of Vishnupad temple at Gaya within fifteen days of his release from jail custody on provisional bail for six months and file a certificate about the same in the court. In 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, Vishnupad Temple 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 the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the petitioner will be taken into custody. Narendra/ ( Anjana Prakash, J. )