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Patna High Court – Orders
Ajay Paswan @ Badal vs The State Of Bihar on 2 July, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Cr. Misc. No.2408 of 2010
              AJAY PASWAN @ BADAL son of Ram Pravesh Paswan
                                    Versus
                           THE STATE OF BIHAR

                                          With

                          Cr. Misc. No. 3420 of 2010
                   NAND KISHORE RAM son of late Budhan Ram
                                    Versus
                              STATE OF BIHAR
                                   -----------

4/ 02.07.2010 Heard learned counsel for the petitioners, informant and

the State.

The petitioners seek bail in a case instituted for the

offence under section 392 of the Indian Penal Code.

It has been submitted that the petitioners were arrested

since their names were disclosed in the confessional statement of the

co-accused but neither has there been any recovery nor have they been

put on test identification parade.

In view of such, 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 Sri V. K. Srivastava, Judicial Magistrate, 1st class, Danapur, Patna,

in connection with Sigori P.S. Case No.77 of 2007, 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 wife/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 implicated in any other case of similar
-2-

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 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 seeks protection of a person well reputed

doing social service in the area. Under the circumstances, the

petitioners will report to Mr. Kishore Kunal, Chairman, Bihar Religious

Trust Board, Bihar, Patna, within fifteen days of their release 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, notice shall be sent to them for cancellation of

bail, (ii) That once the petitioners report to Mr. Kunal, Mr. Kunal is

requested to evolve a method by which without affecting the

petitioners’ present vocation, if any, the petitioners can be made

socially productive so that an effort is made to bring them back in the

main stream of the society and they are given adequate protection and

(iii) At the end of the six months, the petitioners will be required to file

a certificate in the court below granted by Mr. Kishore Kunal. 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.)
 

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