IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44318 of 2009 KRISHN MOHAN BHARTI Versus STATE OF BIHAR ----------- 3 4.3.2010 Heard Mr. Rai Mukesh Sharma, learned counsel appearing for the petitioner and Mr. Upendra Kumar, learned A.P.P. for the State. Petitioner is an accused in a case instituted under section 384/120 B of the Indian Penal Code as also under section ¾ of the Explosive Substance Act. Learned counsel for the petitioner submits that petitioner is not named in the first information report as an accused and there is no allegation of demand of rang Dari against this petitioner. The demand of rangdari is made against other two named first information report accused persons. It has further been submitted that during the course of investigation it transpired that petitioner was seen fleeing away from the place where the bomb exploded. It has also been stated that the petitioner is in judicial custody since 18.7.2009. Learned State Counsel has pointed out that petitioner is accused in some other criminal cases also but he has not pointed out any specific role assigned to the petitioner even on the basis of material collected during the course of investigation. Be that as it may, in the facts and circumstances of the case, let the above named petitioner , be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Begusarai, in connection with Bariyarpur P.S. case no.88 of 2009, subject to the conditions (a) that one of the bailors must be - 2 - Govt. Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner and (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 bond of the petitioner (Birendra Prasad Verma, J) M.Rahman