IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18004 of 2010 KESHO YADAV Versus STATE OF BIHAR ----------- 3 9.7.2010 Heard the parties. The petitioner apprehends his arrest in a case instituted for offences under sections 324, 307, 302 and some other allied offences of the Indian Penal Code as also under section 27 of the Arms Act. It is submitted that in the FIR vide Annexure-1, the petitioner is said to be merely a member of the mob and no specific role has been assigned against him for committing the crime of murder. However, on close of investigation though charge sheet was submitted against other accused persons but petitioner was not charge- sheeted. When trial was taken up with respect to other accused persons then during the course of trial some witnesses appear to have named the petitioner also as an accused, therefore, in exercise of power under section 319 Cr.P.C. the petitioner has been summoned by learned trial court. In the aforesaid facts and circumstances and particularly in view of the fact that the petitioner was not charge-sheeted in the present case, it is directed that in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional District Judge (F.T.C-II) Sheikhpura in connection with Ariari P.S. Case no.12 of 2008, subject to the conditions laid down under section 438(2) Cr.P.C and subject to further conditions: - 2 - (a) 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. ( Birendra Prasad Verma, J. ) M.Rahman