IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22791 of 2011
Raushan Kumar, son of Jagdish Singh
Versus
The State Of Bihar
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2. 29.7.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Section 414 of the Indian Penal Code.
Considering that the alleged stolen motorcycle was
recovered from the conscious possession of the petitioner and
the petitioner’s sister Gitanjali is ready to stand surety for him,
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 or any other surety to be fixed
by the court concerned to the satisfaction of Sri S.K. Mishra,
Judicial Magistrate, 1st Class, Barh, in connection with Mokama
P.S. Case No. 238 of 2010, G.R. No. 1580 of 2010 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. The bailor
will undertake to furnish information to the court about any
change in the 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
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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 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 he
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 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,
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
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required to file a certificate in the court below granted by Mr.
Kishore Kunal. 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.
( Anjana Prakash, J.)
S.Ali