IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4125 of 2010 YOGI SAHNI SON OF RAMESHWAR SAHNI, RESIDENT OF VILLAGE MEHSAUTHA, P.S. NANPUR, DISTRICT SITAMARHI. Versus THE STATE OF BIHAR ----------- 5/ 18-08-2010 Heard the parties. In a criminal prosecution registered under section 395 of the Indian Penal Code, it is submitted that the petitioner is not named in the F.I.R. as an accused and no incriminating article has been recovered either from the house or from the possession of the petitioner. It is further submitted that though the petitioner is in judicial custody for more than 11 months in the present case, but he has not been put on T.I. Parade as yet. It is further submitted that only material against the petitioner is that on the basis of alleged confession made by the petitioner before the police, one mobile set was recovered from the possession of another accused, namely, Baldeo Sahni, but same has not been put on T.I. Parade as yet. The petitioner is said to be in judicial custody in another criminal case w.e.f. 15.12.2007, but he was remanded in the present case on 28.08.2009 on the basis of requisition made by the police. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of 2 Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Bisfi P.S. Case No.97 of 2007 subject to 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 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 (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. BTiwary ( Birendra Prasad Verma, J) 3