IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20121 of 2010 VIKKI KUMAR GUPTA @ VIKKI SON OF SHEO CHARAN GUPTA, RESIDENT OF VILLAGE NIRALA NAGAR, P.S. SIWAN, DISTRICT SIWAN --- PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : Mr. Mahesh Narayan Parbat, Adv. For the State : Mr. Ram Priya Sharan Singh, A.P.P. ---- 2/ 15.06.2010 Heard the parties. In a criminal prosecution for offence under sections 307, 379/34 and some other allied offences under the Indian Penal Code in which subsequently offence under section 411 I.P.C. was added, the petitioner and three other persons are named in the F.I.R. as accused. It is submitted by learned counsel for the petitioner that on perusal of F.I.R., Annexure-1, it appears that case under section 307 I.P.C. is not made out against the petitioner as also against other accused persons. It is further submitted that co-accused Rabi @ Rabi Kumar, with almost similar and identical allegation with that of the petitioner has already been granted bail by a Bench of this Court by order dated 20.05.2010 passed in Cr. Misc. No. 17181 of 2010. The petitioner is said to have surrendered on 19.02.2010. In the aforesaid facts and circumstances let the above named petitioner be enlarged on bail on - 2 - furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 24 of 2010, subject to the conditions : (A) one of the bailors must be 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 and (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 . ( Birendra Prasad Verma, J ) BTiwary/