IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37195 of 2010 KANHAI PASWAN, Son of late Samu Paswan, resident of village- Sewai, P.S.- Dhanarua, District- Patna. Versus STATE OF BIHAR ----------- 2/ 08-10-2010 Heard the parties. In a criminal prosecution registered under Section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act, though petitioner is named in the F.I.R. as an accused, but no specific role for commission of the crime of murder is attributed to the petitioner. According to F.I.R. vide Annexure-1, on the order of Mukhiya, co-accused Prahlad Paswan is alleged to have caught hold of the son of the informant and thereafter the aforesaid Mukhiya is himself alleged to have fired upon the deceased Nagendra Yadav by a country made revolver causing injury to him, who subsequently died in the way while he was being taken to the Hospital. It is submitted that at best the petitioner can be said to be a member of the mob and he is in judicial custody since 20-09-2009 i.e. more than one year. It is also pleaded that the petitioner is an old man aged about 75 years. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Sessions Judge-14, Patna in connection with Sessions Trial No. 560 of 2010, arising out of Dhanarua Police Station Case 2 No. 66 of 2005, subject to the 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, (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 and (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 bonds of the petitioner. A.H./Shahzad ( Birendra Prasad Verma, J. )