IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37207 of 2010 HASRUDDIN, son of Md. Saiyad, resident of village-Malharia Tola Jabar, P.S.-Baisi,District-Purnea. Versus STATE OF BIHAR ----------- 02/ 08-10-2010 Heard the parties. In a criminal prosecution registered under Sections 457/380 of the Penal Code in which subsequently offence under Section 411 of the Penal Code was also added, the petitioner and two other persons are named in the F.I.R. as accused. It is submitted that the petitioner and the informant are co- villagers and because of village party politics the petitioner has been named in the F.I.R. as an accused merely on suspicion. Admittedly, the petitioner was not apprehended on the spot by the informant or other villagers, who arrived at the place of occurrence. It is also submitted that no incriminating article has been recovered either from the house or from the possession of the petitioner. It is further highlighted that the petitioner is in judicial custody since 31-07-2010 and there is no criminal history against him, rather he is man of clean antecedent. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrare, Purnea in connection with Baisi P.S.Case No.52 of 2010, subject to the conditions that : (a) one of the bailors must be a Government servant 2 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 at liberty to cancel the bail bonds of the petitioner. A.H./SHAHZAD ( Birendra Prasad Verma, J.)