IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23064 of 2010 1. PRAMOD DAS son of Mahadeo Das & 2. Chandan Das son of Dhrub Das Versus STATE OF BIHAR With Cr. Misc. No. 23426 of 2010 RAJESH MISTRI @ RAJESH MANDAL son of Srinaryan Mandal Versus STATE OF BIHAR ----------- 2/ 13.07.2010 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. It has been submitted that the petitioners are in custody since 30.1.2010 & 3.11.2009 on the basis of confession of the co- accused but there has been no recovery from his possession. Considering the same, let the petitioners, above named, be released on provisional bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Smt. Sulekha Jha, Judicial Magistrate, 1st class, Bhagalpur, in connection with Kotwali (Adampur) P.S. Case No.525 of 2009 (G. R. No.2442 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 and the other bailor shall be the father of the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are - 2 - 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,(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, and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. 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 are directed to appear before the Head Priest of Buddha Mandir, Bhagalpur, within Bhagalpur Town, within fifteen days of their release from jail custody 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 about reporting to the Head Priest within two weeks of their release from jail custody, notice shall be sent to them for cancellation of bail. During the period of six months, the petitioners are expected to engage themselves in fruitful activities under the guidance of the Head Priest, Kali Buddha Mandir, Bhagalpur, and at the end of the six months, the petitioners will be required to file a certificate of their conduct in the court below - 3 - granted by the Head Priest. If the certificate granted to the 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. JA/- (Anjana Prakash, J.)