IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38364 of 2010 FANTOOSH MANDAL @ NIRBHAY KUMAR SON OF AGHORI MANDAL @ SITAL MANDAL, R/O ABHAYPUR KASBA, P.S.- PIRI BAZAR (SURJGARHA), DISTRICT- LAKHISARAI Versus STATE OF BIHAR ----------- 3 18/03/2011 Heard Mr. Dhirendra Nath Jha, learned counsel for the petitioner, learned APP for the State and learned counsel appearing on behalf of the informant. The petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. Altogether 7 persons are named as accused. The petitioner is one of the named accused. After killing the case was registered and it was suspected that the petitioner and others might be involved in the occurrence. Submission is that after considering every aspects of the matter, named accused Binay Kumar Mandal has been admitted to bail by this Court vide order dated 12.1.2011 passed in Cr. Misc. No. 678 of 2011. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to 2 the satisfaction of the learned C.J.M./concerned Court, Lakhisarai in connection with Suryagarha (Piri Bazar) P.S. Case No. 1 of 2010, subject to conditions that: (i) 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, (ii) 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 and (iii) 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. (Shyam Kishore Sharma, J.) avin