IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21627 of 2011 Raja Sahni @ Gunjba @ Gunja son of Ram Sewak Sahni, Resident of village Khagariya Baluahi Bus Stand, P.S. Khagaria District Khagariya ……..Petitioner Versus The State of Bihar ……………..Opposite Party. ----------- 2 22.07.2011 Heard. In a criminal prosecution registered under sections 302, 394/34 of the Indian Penal Code as also under section 27 of the Arms Act, petitioner is not named in the first information report as an accused. It is submitted that petitioner’s complicity in the crime in question is attributed merely on the basis of confessional statement of co-accused persons recorded by the police. It is also submitted that even in the alleged confessional statement recorded by the police specific allegation for committing the crime of murder has not been attributed against the petitioner. Learned counsel for the petitioner further submits that petitioner was forwarded by the police in the present case on 13.12.2006. 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 to the satisfaction of Additional District Judge-IV , Patna in connection with S.T. No. 787/08 arising out of S.K. Puri P.S. Case No.178/06 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) 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) 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 bond of the petitioner. Rahman/ ( Birendra Prasad Verma, J.)