IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.24482 of 2011
Hari Pandit son of Late Asharfi Pandit
Versus
The State Of Bihar
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2/ 02.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 457 and 380 of the Indian Penal Code.
Considering that the petitioner is in custody since
03.02.2010 and neither any recovery was made from his possession
nor has he been put on test identification parade, let the petitioner,
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 or any other surety to be fixed by the court below to
the satisfaction of the Chief Judicial Magistrate, Motihari, in
connection with Motihari Town P.S. Case No.426 of 1990, subject
to the 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 another bailor shall be Lakshmi
Devi, the wife of the petitioner. The bailors will undertake to furnish
information to the court about any change in the address of the
petitioner, (ii) That the bailors shall also state on affidavit that they
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
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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,
and (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 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 Local Temple situated
at the gate of the Court, 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 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 the Head Priest of Local
Temple 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.
JA/- (Anjana Prakash,J.)