IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24659 of 2010 SANJAY NUTT @ SANJAY RATHORE Versus STATE OF BIHAR ----------- 2. 02-08-2010 Heard the parties. In a criminal prosecution for offences registered under sections 399, 402 and 414 of the Indian Penal Code, the petitioner and three other persons are named in the F.I.R. as accused. It is submitted that on suspicion, police apprehended the petitioner and other accused persons and certain articles were seized from the possession of the petitioner, but from perusal of the seizure list vide Annexure-2, it is apparent that accused persons cannot be said to be either were making preparation for committing dacoity or they cannot be said to have assembled for the purpose of committing dacoity. The articles seized from the possession of the petitioner, were not the stolen articles. It is also submitted that other accused persons, who were apprehended along with the petitioner, have already been granted bail by the learned court below and they are enjoying the privilege of bail. The petitioner is said to be in judicial custody since 18-01-2010. In view of the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Rajeev Nagar P.S. Case No. 2 10 of 2010, subject to the conditions that (a) one of the bailors must be government 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 case 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 (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. Sujit ( Birendra Prasad Verma,J)