IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6213 of 2011
VICKY KUMAR, SON OF LATE KRISHNA PRASAD
Versus
THE STATE OF BIHAR
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2. 17.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 399 and 402 of the Indian Penal Code.
It has been submitted that the petitioner is in custody
since 14.12.2010 for recovery of certain articles but they were not
subject matter of theft as also that now the petitioner’s mother
undertakes responsibility for his conduct after he is released from
the jail custody.
In view of the nature of allegation as also that he has
fair antecedents, 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 Railway
Judicial Magistrate, Patna, in Patna Sahib G.R.P. P.S. Case No.
501 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 and the other shall be the mother of the petitioner. The
bailor will undertake to furnish information to the court about any
change in address of the petitioner. (ii)That the affidavit shall
clearly state that the petitioner is not an accused in any other
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case and if he is, he shall not be released on bail. (iii)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 below will be at liberty to initiate the proceeding for
cancellation of bail on the ground of misuse. (iv)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. (v) 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 the
petitioner 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 and file a certificate about the same in
the court, upon which the court below will grant provisional bail
for a period of six months. In case, the petitioner fails to file
certificate, a 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
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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
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