IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18773 of 2010 JAIPRAKASH VISHWAKARMA, SON OF SARYU VISHWAKARMA, RESIDENT OF VILLAGE CHOURAHI, P.S. HASPURA, DISTRICT AURANGABAD. – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. with Cr.Misc. No.21089 of 2010 PINTU KUMAR VISHWAKARMA SON OF ROHAN VISHWAKARMA, RESIDENT OF VILLAGE KARMAHI, P.S. DAUDNAGAR, DISTRICT AURANGABAD (BIHAR) – PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- 5/ 25-08-2010 Both these cases arise out of the same P.S. case and as such they have been heard together and are being disposed of by this common order. The petitioners in both cases have been arrayed in the category of accused in a criminal prosecution registered under section 392 of the Indian Penal Code. It is submitted that the petitioners are not named in the F.I.R. Though the petitioners are in judicial custody since last week of January, 2010 but till date they have not been put on T.I.Parade. It is contended that the looted money has not been recovered either from the house or from the possession of the petitioners. Only material against petitioners is that one allegedly stolen SIM Card was found used in mobile set of the petitioner- Jai Prakash Vishwakarma. From the electronic shop of petitioner Pintu Kumar 2 Vishwakarma allegedly looted mobile set was recovered, but the seized articles have not been put on T.I.Parade. It has been specifically stated by the petitioners that they are men of fair antecedent and there is no criminal history against them and save and except the present case they are not accused in any other criminal case. The petitioners were arrested in the last week of January, 2010. Be that as it may, in the facts and circumstance the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of SDJM, Daudnagar, District Aurangabad in Obra P.S. Case No. 182 of 2009 subject to the conditions that : (A) one of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are 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 3 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 and (C) 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. BTiwary/ ( Birendra Prasad Verma, J.)