IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29128 of 2011
Vinod Ram son of Birju Ram
Versus
The State Of Bihar
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2. 8.9.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 392 of the Indian Penal Code.
Considering that the petitioner’s name transpired
in the confessional statement of the co-accused but there has
been no recovery from his possession nor has he been put on
Test Identification Parade, 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 learned Chief Judicial Magistrate, Vaishali at
Hajipur in connection with Mahua P.S. Case No.569 of 2010,
subject to the conditions (i) That one of the bailor shall be the
father-in-law of the petitioner and the other bailor 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 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
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thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on 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 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 is directed to
appear before the Head Priest of local Temple, Vaishali within
fifteen days of his release and file a certificate about the same
in the Court. On filing of the certificate the petitioner will be
granted provisional bail for a period of six months. In case,
the petitioner does not file a certificate about his reporting to
the Head Priest within two weeks of his release from jail
custody, he shall be noticed for cancellation of bail. During six
months the petitioner is expected to engage himself in fruitful
activities under the guidance of the Head Priest, local Temple,
Vaishali and at the end of six months he will file a certificate of
his conduct in the court below issued by the Head Priest. If
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the certificate granted to the petitioner is found satisfactory,
the court below will confirm the provisional bail granted to the
petitioner and in case it is not, the petitioner will be taken into
custody.
Narendra/ ( Anjana Prakash, J. )