IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20655 of 2010 Ghuran Sah, son of Shri Thag Sah, resident of village- Harpurwa, P.S. – Jogapatti, District- West Champaran – Petitioner. Versus State of Bihar ---- Opp. Party. ----------- 3/ 27-10-2010 Heard the parties. In a criminal prosecution registered under section 364A of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused, though co- accused Pramod Choudhary @ Barud Singh has been specifically named as an accused. It appears that during the course of investigation victim Manoj Kumar Roy, son of the informant, as also another victim, Manoj Kumar Singh, son-in-law of the informant, were recovered and their statements were recorded by the police as also under section 164 Cr.P.C. by the learned Magistrate, wherein suspicion has been raised against the petitioner also. Learned counsel for the petitioner highlights that the petitioner is in judicial custody since 06.02.2007. Learned counsel for the State has opposed the prayer for bail and has pointed out that there are other criminal cases also pending against the petitioner. Be that as it may, in view of the period of incarceration, the above named petitioner is directed to 2 be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, District- West Champaran, in connection with Ramnagar P.S. Case No. 105 of 2009, subject to conditions that : (A) one of the bailors must be government servant, (B) another bail must be either family member or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) 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 (D) the petitioner shall make regular pairvi in the court below in the present case 3 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. BTiwary/ (Birendra Prasad Verma, J.)