IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26656 of 2010
RAJIV KUMAR @ BILLA, SON OF MOHAN YADAV
Versus
THE STATE OF BIHAR
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2. 06.08.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 399, 402 and 144 of the Indian Penal
Code.
Considering that the petitioner is in custody since
8.2.2009 and there has been no recovery made from his
possession, 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 to the satisfaction of Chief
Judicial Magistrate, Patna, in Shashtrinagar P.S. Case No. 47
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 shall be the wife of the petitioner. The
bailor will undertake to furnish information to the Court about
any change in 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
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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 the
petitioner 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, upon which the court below will grant
provisional bail for a period of six months. In case, the petitioner
fails to file certificate, a 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
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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.)
S.Ali