IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28134 of 2010 AMIT KUMAR SINGH @ AMIT SINGH son of late Ranvijay Singh, R/o village Bhotia, P.S. Simri Bakhtiarpur, Dist. Saharsa …..petitioner. Versus STATE OF BIHAR O.P. ----------- 3 06.10.2010 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the bail application. Heard the parties. In a criminal prosecution registered under sections 384. 307/34 of the Indian Penal Code as also under section 27 of the Arms Act, 5 persons including petitioner have been arrayed as accused. According to the FIR accused persons had gone at the place of occurrence and were demanding rangdari (extortion). The petitioner is alleged to have fired but that hit one of the co-accused Kaushal Yadav. It is submitted that admittedly none of the members of the prosecution party have sustained any injury at the hands of the accused persons. Co-accused Kaushal Yadav and three others were put on trial and they have been acquitted by the learned trial court. The petitioner is stated to be in 2 judicial custody since 15.5.2010. It is further submitted that no other criminal case except the present one is pending against the petitioner. In the aforesaid facts and circumstances, the above named petitioner is directed to 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 F.T.C-III, Saharsa in S.Tr. No. 161 of 2010,arising out of Bakhtiyarpur P.S. Case No. 349 of 2009 subject to the conditions : (a) That one of the bailors must be Govt. servant. (b) The other bailor must be close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (c) 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. 3 (d) 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. Rahman ( Birendra Prasad Verma, J)