IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12432 of 2010 Nawal Kishore Panjiyar, son of Sri Laxmi Panjiyar, Resident of Village- Choraut, P.S.-Pupri, District- Sitamarhi. ………………………………….Petitioner. Versus The State of Bihar ……………………..Opposite Party. For the petitioner :- Mr. Ajay Kumar Thakur, Advocate. For the State :- Mr. S. D. Singh Yadav, A.P.P. ----------- 2. 10. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 395 of Indian Penal Code, though the petitioner is named in the F.I.R. as an accused, but during the course of investigation, independent witnesses did not support the prosecution allegation against the petitioner. Consequently, Final Form was submitted on 06. 11. 2009, vide Annexure-3, wherein though other accused persons have been charge sheeted, but the petitioner was not sent up for trial as accusation against him was found to be false. However, learned Magistrate disagreed with the Police Report and has taken cognizance against the petitioner also. In view of aforesaid facts and circumstances of the case, particularly in view of the fact that petitioner was not sent up for trial by the Police, in the event of his arrest/surrender in connection with Pupri P.S. Case No. 53/07 within a period of four weeks from today the above named petitioner shall be enlarged on bail 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, Sitamarhi, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further 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) 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. m.p. ( Birendra Prasad Verma, J.)