IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30565 of 2011
Aman Kumar son of Nathu Pandit
Versus
The State Of Bihar
with
Cr.Misc. No.24468 of 2011
Chanchal Kumar son of Nathuni Sah
Versus
The State Of Bihar
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4. 18.10.2011 Heard learned Counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Section 394 of the Indian Penal Code.
Considering that the petitioners have been named
in the confessional statement of the co-accused but there has
been no recovery from their possession and they have fair
antecedents, let the petitioners 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 to be
fixed by the court concerned to the satisfaction of learned
Chief Judicial Magistrate, East Champaran at Motihari in
connection with Govindganj (Areraj) P.S. Case No.47 of 2011,
subject to the conditions (i) That one of the bailor shall be the
father/brother of the petitioners and the other bailor will be a
close relative of the petitioners who will give an affidavit giving
genealogy as to how he is related with the petitioners. The
bailor will undertake to furnish information to the Court about
any change in address of the petitioners. (ii) That the affidavit
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shall clearly state that the petitioners are not an accused in
any other case and if they are they shall not be released on
bail, (iii) 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 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 ground of
misuse, (iv) 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 delays the trial in any manner, their bail
will be liable to be cancelled for reasons of misuse, (v) That
the petitioners will be well represented on each date 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 the
petitioners have been implicated 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 local Temple, Motihari within fifteen
days of their release and file a certificate about the same in
the Court. On filing of the certificate the petitioners will be
granted provisional bail for a period of six months. In case,
the petitioners do not file a certificate about their reporting to
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the Head Priest within two weeks of their release from jail
custody, they shall be noticed for cancellation of bail. During
six months the petitioners are expected to engage themselves
in fruitful activities under the guidance of the Head Priest,
local Temple, Motihari and at the end of six months they will
file a certificate of their conduct in the court below issued 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 and in case it is not, the
petitioners will be taken into custody.
Narendra/ ( Anjana Prakash, J. )