IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35165 of 2011 ====================================================== 1. Sibahal Singh @ Buletan Singh @ Bhuletan Singh S/O Ram Darash Singh R/O Vill. - Nachap, P.S. Manjhi, Distt. Saran At Chapra .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Adv. For the Opposite Party/s : Mr. S.Dayal, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 25-10-2011 A Supplementary affidavit has been filed on behalf of the petitioner bringing on record the correct impugned order passed by the learned Session Court, Saran, Chapra by which the prayer for anticipatory bail made on behalf of the petitioner has been rejected. Let it be kept on record. Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 307/34 and some other allied offences of the Indian Penal Code. It is submitted that earlier a criminal case under Section 302 of the Indian Penal Code was lodged from the side of the petitioner vide Annexure-2, regarding murder of full brother of the petitioner and after delay of about 10 days, the accused of that case has lodged the present case. Reliance has been placed on an order passed by this Court vide Annexure-3, whereby co-accused Om Patna High Court Cr.Misc. No.35165 of 2011 (2) dt.25-10-2011 2 / 3 2 Prakash Singh and three others have been granted anticipatory bail by a Bench of this Court. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Manjhi (Saran) P.S. Case No. 51 of 2010, subject to the conditions as laid down under Section 438(2) Cr. P.C. and subject to the further conditions that: (A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be Patna High Court Cr.Misc. No.35165 of 2011 (2) dt.25-10-2011 3 / 3 3 at liberty to cancel the bail bonds of the petitioner. BTiwary/- (Birendra Prasad Verma, J)