IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12943 of 2010 RANJEET KUMAR RAI @ SHARMANAND RAI, s/o Lal Bahadur Rai, resident of village-Saraipur @ Dewantok, P.S.-Ganga Bridge, Distt.-Vaishali. .. Petitioner Versus THE STATE OF BIHAR .. Opp. Party ----------- For the Petitioner : M/s Jitendra Kumar Roy-1 & Usha Kumari Singh, Advocates ------------- 02/ 13-05-2010 A supplementary affidavit has been filed on behalf of the petitioner bringing on record an order dated 01-04-2010 passed in Cr.Misc.No.41423 of 2009 granting anticipatory bail to co- accused Khelari Rai by this Court. Let it be kept on record. Heard learned counsel for the petitioner. In a criminal prosecution for the offences under Sections 307, 302 and other allied offences of the Indian Penal Code as also under Section 27 of the Arms Act, though petitioner and six other persons were named in the FIR as accused and there is allegation of their participation in the crime in question, but on close of investigation police submitted final form only against co-accused Bideshi Rai and one more co-accused. So far this petitioner is concerned, he was not sent up for trial, which is apparent from final form (Annexure-2). Learned Magistrate did not take cognizance against this petitioner. However, during the course of trial of co- accused Bedeshi Rai, petitioner has been summoned by the learned trial court in exercise of its power under Section 319 Cr.P.C. and, therefore, petitioner has reasonable apprehension of his arrest in the present case. In the aforesaid background, in the event of 2 arrest/surrender within a period of four weeks from today in Hajipur Sadar (Ganga Bridge) P.S.Case No.110/2001, giving rise to Sessions Trial No.473/2001, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-V, Vaishali at Hajipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that : (a) one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner and (b) 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. AH/ ( Birendra Prasad Verma, J.)