IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20273 of 2010 AJAY KUMAR RAM SON OF SRI VASUDEO RAM, RESIDENT OF VILLAGE AMBEDKAR NAGAR, KHAGARIA, P.S. BEGUSARAI, DISTRICT BEGUSARAI --- PETITIONER. Versus STATE OF BIHAR--- OPP. PARTY. ----------- 2/ 15.06.2010 Heard the parties. In a criminal prosecution for offences under sections 420, 467, 468 and other allied offences of the Indian Penal Code, the petitioner is alleged to have stood as a bailor of one co-accused Bablu Yadav in connection with another criminal case, claiming himself to be a Class- 3 employee. The condition for grant of bail of aforesaid accused Bablu Yadav was that one of the bailors must be a class-3 employee. On verification it transpired that petitioner was not a class-3 employee rather a class-4 employee and, therefore, a criminal case was instituted against him. It is submitted that the petitioner was made to understand that a government employee was required to be a bailor and as such he stood as a bailor for aforesaid Bablu Yadav and the entire action was bonafide one and there was no mens rea to commit any criminal offence. The petitioner is stated to be in judicial custody since 16.12.2009 and he is also said to be an employee of Municipal Corporation and, therefore, there is no - 2 - likelihood that the petitioner will abscond in present case. In the aforesaid facts and circumstances, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 385 of 2009, subject to conditions that: (A) one of the bailors must be government servant, (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 - 3 - dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. ( Birendra Prasad Verma, J ) BTiwary/