IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20137 of 2010 Md. Kare Mian, son of Late Safeed Mian, resident of Village-Purwari Jhirwa, P.S. Simraha, District-Araria. …..Petitioner. Versus The State of Bihar …………………………Opposite Party. For the petitioner :- Mr. Ramesh Kumar Singh, Advocate. For the State :- Mr. Ram Priya Sharan Singh, A.P.P. ----------- 2. 14. 06. 2010. Heard the parties. In a criminal prosecution for offences under Sections 395 and 397 of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused, though other three co-accused persons are specifically named as accused. It is submitted by the learned counsel for the petitioner that there is no recovery of any incriminating article either from the house or from the possession of the petitioner. The petitioner has not been put on Test Identification Parade. It is submitted that petitioner has been made an accused in the present case on the basis of alleged confessional statement of co-accused Navin Kumar Mehta, who is F.I.R. named accused and aforesaid co-accused Navin Kumar Mehta has already been granted bail by a Bench of this Court as per statement made in the petition. The petitioner is stated to be in judicial custody since 12. 10. 2009. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Forbesganj (Simraha) Police Station Case No. 358 of 2001, on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the conditions; 2 (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) that 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) that the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person 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. m.p. ( Birendra Prasad Verma, J.)