IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10299 of 2011 SURESH MANJHI SON OF LATE MAHAVIR MANJHI, RESIDENT OF VILLAGE CHAHAL MAHAUT, P.S. WAZIRGANJ, DISTRICT GAYA – PETITIONER. Versus THE STATE OF BIHAR —OPP. PARTY. ----------- 3/ 04-05-2011 Heard the parties. In a criminal prosecution registered under section 302 and other ancillary sections of the Indian Penal Code as also under section 27 of the Arms Act, prayer for bail of the petitioner was earlier rejected by order dated 03.03.2010 passed in Cr. Misc. No. 6980 of 2010 (Annexure-1), with an observation that petitioner shall be at liberty to renew his prayer for bail after one year from that date, if the trial is not concluded. Learned counsel appearing on behalf of the petitioner submits that more than one year has elapsed since the date of last order passed on 03.03.2010 and from the report submitted by the learned trial court, kept at flag-A, it is apparent that not even single witness has been examined till date. Therefore, there is no chance of conclusion of the trial of the petitioner in near future. In the aforesaid facts and circumstances of the case, the above named petitioner is directed to 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 F.T.C. V, Gaya in connection with Wazirganj P.S. 2 Case No. 195 of 2004 (S. Tr. No. 204 of 2010), subject to conditions that : (A) One of the bailors must be government servant, (B) Another bailor must be either family member or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) 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 (D) 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 3 the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)