IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20290 of 2010 MANOJ KUMAR SINGH @ MANOHAR SINGH son of Pitambar Singh, resident of village Ahiyapur, P.S. Sahebganj, Dist. Muzaffarpur ….Petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitoner : Mr. Rudal Singh, Advocate For the State :Mr. Niityanand , A.P.P. --------- 2 16.6.2010 Heard the parties. In a criminal prosecution originally instituted under Section 394 of the Indian Penal Code and later on offence under Section 395 of the Indian Penal Code was also added, the petitioner is not named in the F.I.R. as accused. It is submitted by learned counsel for the petitioner that there has been no recovery of any incriminating article either from the house or from the possession of the petitioner and though the petitioner is in judicial custody since 20.4.2008, but he has not been put on T.I.P. as yet. It is also submitted that though the trial of the petitioner has been taken up and 9 witnesses have been examined, but none of the witnesses have supported the prosecution allegation against the petitioner and as such there is absolutely no chance of conviction of the petitioner in the presence case. Co-accused Santosh Kumar and co-accused Sunil Singh, with almost similar and identical allegation, have been granted bail by this Court. In the aforesaid facts and circumstances, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of 9th Addl. Sessions Judge, East Champaran at Motihari in connection with S.T. No. 452/08, arising out of Chhatauri P.S. case No. 51 of 2003, subject to the - 2 - conditions : (a) That one of the bailors must be Govt. servant or close 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