IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20260 of 2010 Vijay Chaudhary @ Vijay Chaudhary @ Ladan, son of Kailesh Chaudhary, resident of Village-Adhganwa, P.S. Maskour, District-Nawada. …………………..Petitioner. Versus The State of Bihar. ……………………..Opposite Party. ----------- 2. 15. 06. 2010. Heard the parties. In a criminal prosecution originally instituted under Section 394 of the Indian Penal Code in which subsequently offence under Sections 395 and 120 B of the Indian Penal Code was also added, the petitioner is not named in the F.I.R. as an accused. It is submitted that even during the course of investigation, no incriminating article was recovered either from the house of the petitioner or from his possession. The petitioner has not been put on Test Identification Parade till date. It is further submitted that the petitioner is in judicial custody since 12. 03. 2008. Though charge was framed on 08. 05. 2009, but till date not even a single witness has been examined on behalf of the prosecution. In the aforesaid facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Sessions Trial No. 307 of 2008/ 4 of 2009, arising out of Nawada (Town) P.S. Case No. 96 of 2007, on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, IIIrd, Nawada, subject to conditions ; 2 (a) that one of the bailors must be Govt. servant, who will file an affidavit in the court below showing his/her status in Govt. service. (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 hering 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 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. m.p. ( Birendra Prasad Verma, J.)