IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3424 of 2010 MUNNA TIWARY @ PRIYA NATH TIWARY Versus STATE OF BIHAR ----------- 2/ 17.03.2010 Heard Mr. Sri Nandan Prasad Singh, learned counsel appearing for the petitioner and Mr. Nirbhay Kumar Singh, learned Addl. P.P. for the State. Petitioner is accused in a case instituted for the offence undersection 414/34 of the Indian Penal Code. It has been submitted that though one motorcycle was seized from the house of the petitioner but as a matter of fact some other accused had kept the motorcycle without his knowledge or information. It is also stated that the petitioner is in judicial custody since 16th July, 2009 and as such he has been sufficiently punished in the present case. Learned counsel for the State has opposed the prayer for bail but has not disputed the period of incarceration suffered by the petitioner. Be that as it may, in the facts and circumstances, let the above named petitioner, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur ( Nainijor) P.S. Case No. 218 of 2009 , subject to the conditions (a) that one of the bailors must be government - 2 - servant or close family members 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 bond of the petitioner. ( Birendra Prasad Verma, J ) BTiwary/