IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41826 of 2009 KARU SINGH son of Ramjanam Singh Versus STATE OF BIHAR ----------- 3/ 28.01.2010 By the last order dated 8.12.2009, the petitioner was granted provisional bail to make endeavors to settle the dispute which basically pertains to land. Unfortunately, today the parties have appeared with conflicting submissions. On one hand, the petitioner‟s stand is that a „Panchayati‟ was held and it is the prosecution party which withdrew from the decision of the “Panches” and the advocate for the informant denies this fact. However, in view of the fact that basically the dispute is with regard to land between the parties and the kidnapping was not for ransom or murder, I am inclined to confirm the provisional bail. Under the circumstances, the provisional bail granted to the petitioner vide order dated 8.12.2009 is hereby confirmed, 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, (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 - 2 - manner, his bail will be liable to be cancelled for reasons of misuse and (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. The counsel for the informant submits that after release of the petitioner on provisional bail the accused persons once again started threatening the informant for which a Sanha was filed before the authority. In view of the submission and to prevent any further harm to either of the parties, it will be proper that the Officer-in- charge, Makhdumpur P.S., within the district of Jehanabad, be directed to keep watch on the conduct of the accused persons as well as the prosecution party so that no further harm to either of the parties is done. JA/- (Anjana Prakash, J.)