IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26644 of 2011 ====================================================== Sajan Yadav @ Sajjan Yadav, son of Parmeshwar Yadav, resident of village-Sindhiya, P.S.-Nayaram Nagar (Safiyasarai), District-Munger. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ranvijay Singh, Advocate For the Informant : Mr. Suman Kumar Mishra, Advocate For the Opposite Party : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 4 24-10-2011 Heard. The petitioner seeks bail in a criminal case registered under Section 302 and some other allied offences under the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted that though the petitioner is named in the First Information Report as an accused, but on close of investigation accusation against the petitioner was found to be false and he was found innocent. Consequently, he was not charge- sheeted. However, learned Judicial Magistrate disagreed with the police report and has taken cognizance against the petitioner also besides other charge-sheeted accused persons. The petitioner is stated to be in judicial custody since 12.06.2011. Patna High Court Cr.Misc. No.26644 of 2011 (4) dt.24-10-2011 2 The learned Additional Public Prosecutor appearing on behalf of the State as also learned counsel appearing on behalf of the informant have opposed the prayer for bail made on behalf of the petitioner, but has not disputed the aforesaid factual position. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Nayaram Nagar (Safiyasarai) P.S. Case No. 39 of 2010 dated 27.03.2010 giving rise to S. Tr. No. 699 of 2010 to the satisfaction of learned Additional District Judge, F.T.C.-1 Munger, subject to conditions that:- (a) One of the bailors must be a government servant or close family member or relation 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 cases 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 Patna High Court Cr.Misc. No.26644 of 2011 (4) dt.24-10-2011 3 concerned. (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 date, 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. Devendra/- (Birendra Prasad Verma, J)