IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45487 of 2009 1. AJAY KUMAR RAI @ AJAY RAI @ AJAY KUMAR YADAV S/O LATE SHYAM BABU RAI @ SHYAM BABU YADAV R/O VILL.- RUPASPUR, P.S.- RUPASPUR, DISTT.- PATNA. Versus 1. THE STATE OF BIHAR. ----------- 05. 06.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 394 of the Indian Penal Code. The petitioner is not named in the First Information Report in an occurrence which is said to have been taken place on 16.03.2009. The clear assertion of the petitioner is that he was remanded in judicial custody in Rupaspur P.S. Case No. 54 of 2008 on 04.06.2008 and was released on bail on 24.03.2009 i.e. after the occurrence and therefore there was no question of the petitioner being involved in the present occurrence. In view of such, let the petitioner, above named who is in custody since 15.07.2009 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 Sri Pranav Kumar, Judicial Magistrate, 1st Class, Danapur (or his successor) in connection with Rupaspur P.S. Case No. 43 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the 2 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 Court if there is any change in the address of 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. (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. (iv) 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. Learned counsel for the petitioner 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 3 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. (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 Magistrate before releasing the petitioner on bail will call for the record of Rupaspur P.S. Case No. 54 of 2008 and confirm the fact that the petitioner was in custody in the said case on the date of occurrence of the present case. Vikash/- (Anjana Prakash, J.)