IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9972 of 2010 1. ARUN KUMAR SON OF RAJENDRA RAI 2. BHANU KUMAR @ RAVI RAJ @ TULLU S/O JAIRAM PD. Versus THE STATE OF BIHAR ----------- 2. 30.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 379 of the Indian Penal Code. The petitioners were directed to be released on bail by an order dated 16.2.2010 passed in Cr.Misc.No.4255 of 2010 on condition that they would give an affidavit that they are not an accused in any other case, but since the petitioners were an accused in one other case they could not file this affidavit and, therefore, were not released on bail. The petitioners renewed their prayer for bail stating herein that they are an accused in one other case of a similar offence. However, taking into consideration the merits of the case, let the petitioners above named 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 Chief Judicial Magistrate, Patna in S.K. Puri P.S.case No.206 of 2009, 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 - 2 - 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 and (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Learned Counsel for the petitioners submits that they have been implicated repeatedly at the instance of the local police who is hostile to the petitioners and seek protection of a person well reputed doing social service in the area. Under the circumstances, the petitioners will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust Board, Patna within fifteen days of his release on provisional bail for a period of six months and file a certificate about the same in the court within the stipulated time. In case, the petitioners fail to file certificate, notice shall be sent to them for cancellation of bail, (ii) that once the petitioners report to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioners’ present vocation, if any, the petitionerd can be made socially productive so that an effort is made to bring them back in the main stream of the society/ they are given adequate protection and (iii) at the end of six months, the petitioners will be required to file a certificate in the court below granted by Mr. Kishore Kunal. If the certificate granted to the - 3 - petitioners is found satisfactory, the court below will confirm the provisional bail granted to the petitioners or else will issue notice for cancellation of bail. Narendra/ ( Anjana Prakash, J. )