IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20166 of 2010 Baban Sharma, son of Late Gaya Sharma, resident of Village- Baruna, P.S. Ragiganj, District- Aurangabad. ………Petitioner. Versus The State of Bihar ……………………..Opposite Party. For the petitioner :- Mr. Krishna Pd. Singh, Sr. Advocate. For the State :- Mr. R. B. Roy, ‘Raman’. ----------- 2. 14. 06. 2010. Heard the parties. In a criminal prosecution for offences under Sections 384 and 386 of the Indian Penal Code as also under Section 25 (1- B)(a)/26/35 of the Arms Act as also 17 of Criminal Law Amendment Act, one co-accused Sanjit Mishra was arrested by the Police on the spot and on interrogation he has disclosed the name other accomplice including the petitioner. It is submitted by the learned counsel for the petitioner that admittedly the petitioner has not been arrested on the spot. There is no recovery of any incriminating article either from the possession of the petitioner or from his house and he has remained in judicial custody since January, 2010. It is further highlighted that co-accused Sanjit Mishra has already been granted bail by a Bench of this Court by order dated 11. 01. 2010, passed in Cr. Misc. No. 43404/09. In the aforesaid facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Pauthu P.S. Case No. 32/09, 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, Aurangabad, 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) 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 at liberty to cancel the bail bond of the petitioner. m.p. (Birendra Prasad Verma,J.)