IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28774 of 2010 MUNNA RAI, Son of Parmanand Rai, Resident of Village- Khairawa, P.S.-Lakhaura, District-East Champaran ………Petitioner Versus THE STATE OF BIHAR ....Opp. Party ----------- 4/ 26.03.2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under Section 302/34 of the Indian Penal Code. It is submitted that though the petitioner is named in the first information report (Annexure1) as an accused, but after thorough investigation, police submitted final report vide Annexure 2 as a mistake of fact, and the petitioner was not sent up for trial. However, on the basis of protest petition filed on behalf of the informant, cognizance has been taken against the petitioner. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of 2 Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Lakhaura (Ghorasahan) P.S. Case No. 126 of 2004 to the satisfaction of Shree S.K. Majhi, learned Judicial Magistrate, 1st Class Sikrahana at Motihari, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions (a) that one of the bailors must be a government servant or close family member or relation 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 cases 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 3 lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. Anjani/ ( Birendra Prasad Verma, J.)