IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4062 of 2011 MALI PASWAN @ VYAS NANDAN PASWAN son of late Khakhan Paswan Resident of Village Maheshpur, P.S. Bhagwanpur, District Begusarai. .........Petitioner. Versus THE STATE OF BIHAR .................Opposite Party. ----------- 2 02.02.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State to oppose the prayer for anticipatory bail made on behalf of the petitioner. In fact, the petitioner had moved earlier before this court in Cr. Misc. No. 14085 of 2010 for grant of anticipatory bail in connection with Bhagwanpur P.S. Case No. 10 of 2009 dated 18.01.2009 registered under section 353, 307, 414/34 of the Indian Penal Code as also under section 25 (1B) a/26/27/35 of the Arms Act, but that petition was permitted to be withdrawn with a liberty to surrender in the court below and seek regular bail, if so advised. Learned counsel for the petitioner submits that the petitioner is a Government Servant and is posted as compounder at State Ayurvedic Dispensary, Samastipur. It is further highlighted that after the aforesaid order dated 20.05.2010 (Annexure 1), co-accused Pramod Paswan, having similar allegation, has been granted anticipatory bail by a Bench of this court by order dated 09.09.2010 passed in Cr. Misc. No. 23909 of 2010 (Annexure 4). Learned counsel for the petitioner further submits that even according to the first information report the petitioner has been named by co-accused before the police and nobody sustained any 2 injury in the occurrence in question. Though, the first information report (Annexure 2) is very exhaustive and order passed by the learned Session Judge rejecting prayer for anticipatory bail of the petitioner is also very exhaustive, but there is no whisper that petitioner is accused in any other criminal case. Taking into consideration the aforesaid facts and circumstances, the above named petitioner in the even of his arrest or surrender in the court below within a period of four weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the C.J.M., Begusarai in connection with Bhagwanpur P.S. Case No. 10 of 2009 subject to the conditions laid down under 438 (2) Cr.P.C. and subject to further conditions: (a) That one of the bailors must be a Government servant and other bailor shall be 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 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 date, and if on 3 two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. M.Rahman ( Birendra Prasad Verma, J )