IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4015 of 2011 Nanhak Paswan son of Samali Paswan, resident of Harail, P.S. Makhdumpur, District- Jehanabad ----------- Petitioner. Versus The State Of Bihar ------ Opp. Party. ----------- 3/ 22-07-2011 Nobody appears on behalf of the petitioner. However, I have heard learned Addl. P.P. appearing on behalf of the State. In a criminal prosecution registered under section 395 and 397 of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused. From the materials available on record it is apparent that he was not put on T.I. parade. Only material against the petitioner is that certain stolen articles were recovered from his house. Learned Addl. P.P. has fairly submitted that from the case diary it does not appear that the petitioner is accused in any other criminal case. The petitioner is said to be in judicial custody since 19.08.2010. Be that as it may, in the facts and circumstances of the case, particularly in view of the period of incarceration, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 56 of 2002, subject to 2 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 petitioners. BTiwary/ ( Birendra Prasad Verma, J.)