IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44704 of 2009 PRABHAT KUMAR @ GUDDU, S/O LALIT PRASAD Versus THE STATE OF BIHAR **** /3/ 03.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 395 and 412 of the Indian Penal Code. 3. The petitioner is not named in the first information report and subsequently co-accused, Manoj Paswan and Dukhan Paswan, named the present petitioner as one of their associates in the present occurrence. About ten days later the statements of two spies were taken who cast suspicion on the petitioner. In view of the fact that there is no legal evidence against the petitioner, who is in custody since 24.12.2008, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Kankerbagh P.S. Case No. 409 of 2008 to the satisfaction of the Chief Judicial Magistrate, Patna, on 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 2 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 then 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. 4. 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. 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 3 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 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. 5. The petitioner will be released initially on provisional bail for a period of six months, but, in case he fails to file a certificate about his report to Mr. Kunal within the stipulated period, notices will be issued to him for cancellation of his bail. If the certificate is satisfactory at the end of six months the provisional bail granted to the petitioner will be confirmed and if not he will be taken into custody. S.A. (Anjana Prakash, J.)