IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.308 of 2010 1.SUNIL YADAV @ SUNIL KUMAR YADAV 2.Om Prakash Yadav son of Surya Narain Yadav both resident of Shishwa Barhi, P.S. Phulparas, Dist. Madhubani …Petitioners. Versus STATE OF BIHAR ----------- 3 3.3.2010 Heard Mr. Khurshid Alam, learned counsel appearing for the petitioners and Mr. Upendra Kumar, learned A.P.P. for the State. Petitioners are accused in a case instituted under section 392 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are not named in the first information report and the looted motorcycle has not been recovered either from the house or from the possession of the petitioners. It has also been submitted that petitioners are in judicial custody since 8.5.2009, but they have not been put on T.I.P till date and, therefore, according to him, there is no material to connect the petitioners with the offence in question and they have been made accused in the present case merely on suspicion and surmises. Learned A.P.P. has also not disputed the aforesaid position save and except that petitioners are accused in some other criminal cases also. Be that as it may, in the facts and circumstances of the case, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate Jhanjharpur, in Phulparas P.S. case No. 295 of 2008, subject to the conditions (a) that one of the bailors must be Govt. servant or close family member of the petitioners who will file an affidavit in the court below showing his/her relationship with the - 2 - petitioners and (b) that 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 lawyer 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 bonds of the petitioners and (c) that if the petitioners are found involved in same and similar nature of cases in future, 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 . (Birendra Prasad Verma, J) M.Rahman