IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.175 of 2010 FULESHWER YADAV SON OF BHUWAR YADAV, RESIDENT OF VILLAGE KHEM MATIHANIYA, P.S. BISHAMBHARPUR, DISTRICT GOPALGANJ ----- PETITIONER. Versus STATE OF BIHAR--- OPP. PARTY. ----------- For the petitioner : Mr. Arun, Advocate. For the State : Mr. Kumar Priya Ranjan, A.P.P. --- 3/ 03.05.2010 Heard the parties. In a criminal prosecution initiated for offence under section 364/34 of the Indian Penal Code in which subsequently offence under sections 302/201 of the Indian Penal Code was added by order dated 12.06.2008, it is submitted that petitioner is not named in the F.I.R. as an accused and during the course of investigation also save and except the statement of co-accused Munna Yadav where the petitioner has been named as an accused, there were no legal materials to connect him with the crime in question. Co-accused Munna Yadav has not been sent up for trial. Even from the findings of the learned Sessions Judge it appears that there is no tangible material to show the involvement of the petitioner in the crime in question. In that view of the matter, in the event of his arrest or surrender in the court below within a period of four weeks from today, 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 - 2 - satisfaction of C.J.M., Gopalganj in Bishambharpur P.S. Case No. 21 of 2008, subject to the conditions as laid down under section 438(2) of the Cr. P.C., with a further conditions that : (A) one of the bailors must be government servant or close family members of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. ( Birendra Prasad Verma, J ) BTiwary/