IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23709 of 2011 Murari Singh, son of late Rajaram Singh Versus The State Of Bihar ----------- 3. 09.09.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by an order dated 5.10.2010 passed in Cr. Misc. 25884 of 2010 and now he has renewed his prayer for bail on the ground that there is undue delay in trial. It has been submitted that the petitioner is not named in the First Information Report and subsequently witnesses stated that they have seen petitioner fleeing away from the place of occurrence. There is no recovery from his possession nor has he been put on Test Identification Parade before the identifying witnesses. The report of the Trial Court reveals that despite notices, the witnesses are not turning up and the delay is not attributed to the petitioner. The further specific assertion is that the petitioner has fair antecedent. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge-cum-F.T.C.-III, Barh, in connection with Sessions Trial No. 310 of 2010 arising 2 out of Barh P.S. Case No. 290 of 2009 subject to the following 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 and he other shall be the mamera brother of the petitioner namely Abhimany Kumar. The bailor will undertake to furnish information to the court about any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail. (iii) 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. (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 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 on provisional bail for a period of six months and file a certificate about the same in the court within 3 the stipulated time. In case, the petitioner fails to file certificate, notice shall be sent to him for cancellation of bail, (ii) That 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 and (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. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner or else will issue notice for cancellation of bail. The fact that the petitioner has fair antecedent, will be verified by the Court below before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)