IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22606 of 2010 Pradeep Srivastawa, son of Late Ramchandra Srivastwa, resident of village- Bhanu Chapra, P.O.- Bettiah ( Muffasil), District- West Champaran ------ Petitioner. Versus State of Bihar ----- Opp. Party. ----------- 4/ 27-10-2010 Heard the parties. In a criminal prosecution registered under section 395 and 397 of the Indian Penal Code, the petitioner is not named in the F.I.R., vide Annexure-1, as an accused, though co-accused Bharat Singh besides eight-nine other unknown persons have been specifically named as accused. It is submitted that only material against the petitioner is that he has been named by a co-accused Chandan Shrivastava during the course of investigation as his accomplice. The petitioner has not been put on T.I. Parade and no incriminating article has been recovered either from his house or from his possession. It is further highlighted that co-accused Bharat singh, who has been named in the F.I.R. and co-accused Chandan Shrivastava, who disclosed the name of the petitioner as his accomplice, have already been granted bail by a Bench of this Court by order dated 19.01.2009 passed in Cr. Misc. Nos.50393 of 2008 and 1575 of 2009, respectively, vide Annexure-2. The petitioner is stated to 2 be in judicial custody since 06.03.2010. Learned counsel for the State has opposed the prayer for bail and has pointed out that the petitioner is having criminal history and some other criminal cases have been pending against him. Be that as it may, in the aforesaid 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/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah (West Champaan) in connection with Bettiah Town P.S. Case No. 264 of 2008, subject to conditions that : (A) one of the bailors must be government servant, (B) another bail must be either family member or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) 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, 3 the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (D) 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. BTiwary/ (Birendra Prasad Verma, J.)