IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23729 of 2010
BIRENDRA BAITHA, S/o Ram Kewal Baitha.
Versus
THE STATE OF BIHAR
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04. 29.09.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 394 and 411 of the Indian
Penal Code.
It has been submitted that the petitioner is not
named in the First Information Report and subsequently
when a mobile was recovered from one Ravi Prakash he
stated that the same had been given by the petitioner.
Considering that there is no recovery from the
possession of the petitioner and he has not been put on
Test Identification Parade, 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 as fixed by the Court to the
satisfaction of Railway Judicial Magistrate, Samastipur in
connection with Darbhanga (Sitamarhi) Rail P.S. Case No.
67 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 the other bailor shall be
the brother of the petitioner. The bailor will also
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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 is
directed to appear before the Head Priest of Ram Janaki
Temple, Sitamarhi within Sitamarhi Town within fifteen
days of his 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
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petitioner fails to file certificate about reporting to the
Head Priest within two weeks of his release from jail
custody, notice shall be sent to him for cancellation of
bail. During the period of six months, the petitioner is
expected to engage himself in fruitful activities under the
guidance of Head Priest, Ram Janaki Temple, Sitamarhi
and at the end of the six months, the petitioner will be
required to file a certificate of his conduct in the court
below granted by the Head Priest. 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.
(Anjana Prakash, J.)
Vikash/-