IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12932 of 2010 RAKESH KUMAR, son of Sri Shyam Narayan Yadav, resident of village Kumardih, P.S.- Makhdumpur, District-Jehanabad. .. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :M/s Arbind Kumar and Raj Kishore Prasad-I, Advocates For the State : Mr. Raj Ballabh Singh, Addl.P.P. ------------ 02/ 13-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 302, 307 and some other allied offences of the Indian Penal Code as also under Section 27 of the Arms Act, petitioner is specifically named in the FIR vide Annexure-1 as an accused with specific allegation of participation in the commission of crime in question. However, on close of investigation, though charge sheet was submitted against co-accused Shyam Narayan Yadav, but petitioner was not charge sheeted, which is apparent from supplementary final form dated 28-02-2010 vide Annexure-2 to this petition. Co-accused Shyam Narayan Yadav was put on trial and the trial is in progress. After examination of three witnesses, a petition under Section 319 Cr.P.C. was filed by the prosecution party for summoning the petitioner for facing trial in the present case, which was allowed by the learned trial court and, therefore, the petitioner has reasonable apprehension of arrest in the present case. Taking into consideration the facts that the petitioner was not charge sheeted in the present case and he has been 2 summoned in exercise of power under Section 319 Cr.P.C., in the event of arrest/surrender within a period of four weeks from today in S.Tr.No.243 of 2009, arising out of Makhdumpur P.S.Case No.73 of 2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jehanabad, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to the further conditions that: (a) one of the bailors must be a 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, (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 and 3 (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 bonds of the petitioner. AH/ ( Birendra Prasad Verma, J.)