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
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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.)