IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24649 of 2010 1. LAL BIHARI SAH, S/o Late Baidyanath Sah 2. Sonu Kumar Singh, S/o Late Gonaur Singh Both Resident of Village- Bagha Khal, P.S.-Gaighat, District- Muzaffarpur …………. Petitioners Versus STATE OF BIHAR ……………… Opposite Party. ----------- 2. 02-08-2010 Heard the parties. In a criminal prosecution, for offences registered under sections 379 and 411 of the Indian Penal Code, the petitioners and two other persons are named in the F.I.R. vide Annexure-1 as accused. Though the informant is not an eye witness, but on suspicion, he has named the petitioners and two others to be responsible for the theft of his Hero Honda Motorcycle. Subsequently, aforesaid stolen motorcycle was recovered from the house of co-accused Rakesh Mahto. It is submitted that entire prosecution case against the petitioners is based on suspicion and surmises and they have remained in judicial custody since 11.02.2010 and have sufficiently been punished in the present case. It is further submitted that the petitioners have no criminal history at all. In the aforesaid facts and circumstances, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S.Case 2 No. 22 of 2010 , subject to the conditions that (a) one of the bailors must be government servant, (b) Another bailor must be the family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners; (c) if the petitioners are found involved in same and similar nature of case in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, 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, (d) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyers on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. Sujit (Birendra Prasad Verma, J.)