IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35178 of 2011 ====================================================== Jata Singh S/o late Sidheshwar Singh R/o Village - Patibigha, Police Station Islampur, District - Nalanda .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Tej Narayan Singh, Advocate For the Opposite Party : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 24-10-2011 Heard. The petitioner seeks bail in a criminal prosecution registered under Sections 384, 386 and some other allied offences under the Indian Penal Code as also under Section 17 of Criminal Law Amendment Act. It is submitted that the petitioner is not named in the First Information Report as an accused and according to prosecution case, some land dispute was going on between one Ramjee Yadav and Karu Yadav, the full brothers, and aforesaid Karu Yadav is alleged to have called certain miscreants for extorting money from his brother Ramjee Yadav. It is also submitted that only material against the petitioner is that he has been named by co-accused Arif Patna High Court Cr.Misc. No.35178 of 2011 (2) dt.24-10-2011 2 Mian as his accomplice. The petitioner is stated to be in judicial custody since 23.06.2011. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Islampur P.S. Case No. 116 of 2010 to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, subject to conditions that:- (a) One of the bailors must be a government servant or close family member or relation 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 cases 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 Patna High Court Cr.Misc. No.35178 of 2011 (2) dt.24-10-2011 3 date, 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. Devendra/- (Birendra Prasad Verma, J)