IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27554 of 2010 Nageshwar Manjhi son of Kayari Manjhi, resident of village Saidpur, P.S. Kako, District Jehanabad ------ Petitioner. Versus STATE OF BIHAR—Opp. Party. ----------- 4/ 06-10-2010 Heard the parties. In a criminal prosecution originally registered under section 307/149 of the Indian Penal Code besides other allied offences, in which subsequently offence under section 302 of the Indian Penal Code was also added, the petitioner is not named in the F.I.R. as an accused. It is submitted that according to the prosecution case, specific allegation of assault is against co-accused Pankaj Kumar and co-accused Koiri Manjhi and they are alleged to have assaulted one Satish Kumar. There is general and omnibus allegation against other F.I.R. named accused persons, besides some other unknown accused persons. It is further submitted that even during the course of investigation witnesses have not attributed any specific role to the petitioner for causing any specific injury to the deceased. The petitioner is stated to be in judicial custody since 29.05.2009. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to the enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to 2 the satisfaction of learned C.J.M., Jehanabad in connection with Kako P.S. Case No. 50 of 2009, subject to conditions that : (A) one of the bailors must be government servant or close family member 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. BTiwary/ ( Birendra Prasad Verma, J.)