IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35103 of 2011 ====================================================== 1. Brajesh Singh Yadav @ Brajesh Kumar Singh S/O Ram Kumar Rai R/O Village - Pakri, P.S. Ara Nawada, District - Bhojpur ( Bihar ) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Advocate. For the Opposite Party/s : Mr. J.K.Singh No.1., Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 24-10-2011 Heard. In a criminal prosecution registered under Section 307, 436 and some other allied offences under the Indian Penal Code, the petitioner is alleged to be one of the members, who participated in a political call of “Bihar Band” organized by some political party and during that course the petitioner, besides others, is also alleged to have assaulted the police personnel. It is submitted that no specific role has been assigned against the petitioner for causing any specific injury to any of the police personnel. Be that as it may, in the facts and circumstances, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 003 of 2003, dated 03.01.2003, subject to Patna High Court Cr.Misc. No.35103 of 2011 (2) dt.24-10-2011 2 the conditions as laid down under Section 438(2) Cr. P. C. and subject to the further conditions that: (A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioners, (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 fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/- (Birendra Prasad Verma, J)