IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30091 of 2010 JALASEN PASWAN son of Raj Kumar Paswan, R/o village Kararia, P.S. Masaurhi, Dist. Patna …..petitioner Versus STATE OF BIHAR O.P. ----------- 2 18.8.2010 Heard the parties. In a criminal prosecution registered under section 302/149 and some other allied offences under the Indian Penal Code as also under section 27 of the Arms Act and section 17 of the Criminal Law Amendment Act, altogether 11 persons including the petitioner besides 4-5 unknown persons have been named in the FIR vide Annexure1 as accused. It is submitted that according to the prosecution case itself there is general and omnibus allegation that all the accused persons resorted to firing as a result of which son of the informant was killed. It is further highlighted that no specific role has been assigned against the petitioner for causing any specific injury to the deceased and at best he can be termed as a member of the mob. It is further highlighted that co-accused Raj Kumar Paswan with almost similar and identical allegation with that of the petitioner has already been granted bail by a Bench of this Court by an order dated 23.3.2010 passed in Cr. Misc. No. 9887 of 2010 (annexzure-2). The petitioner is stated to be in judicial custody since 21.11. 2009. Taking into consideration the aforesaid facts, the above named petitioner is directed to be released on bail on furbishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of F.T.C-II, Patna in connection with Masaurhi P.S. Case No. 132 of 2004, S.Tr. No. 1317 of 2009, subject to the conditions: (a) That one of the bailors must be Govt. servant or close - 2 - 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. (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