IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20138 of 2010 Arun Paswan, son of Ramrekha Paswan, resident of Village- Chirhiwa, P.S. Simra, District- Aurangabad. …..Petitioner. Versus The State of Bihar …………………………Opposite Party. For the petitioner :- Mr. K. P.Singh, Sr. Advocate. Mr. Manish Kumar No.3,Advocate. For the State :- Mr. Jitendra Kumar Singh, A.P.P. ----------- 2. 14. 06. 2010. Heard the parties. In a criminal prosecution for offences under Sections 395 and 397 of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused. It is submitted that no incriminating article has been recovered either from the house or from the possession of the petitioner and he has not been put on Test Identification Parade till date. During the course of investigation, allegation against the petitioner has surfaced merely on the basis of suspicion. It is submitted that some other co-accused persons have been granted bail by this Court. The petitioner is stated to be in judicial custody since 25. 07. 2009. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Gurua P.S. Case No. 40/05 on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sherghatty (Gaya), subject to the conditions; (a) that one of the bailors must be Govt. 2 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. ( 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.)