IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24727 of 2010 BIRAJA PASWAN S/O DEO CHARAN PASWAN,R/O VILLAGE- GORAKHARI, P.S.- BIKRAM, DISTRICT- PATNA…………………………………….PETITIONER. Versus STATE OF BIHAR…….…………………..OPP. PARTY. 2 02-08-2010 Heard learned counsel for the petitioner. Nobody appears on behalf of the State to oppose the prayer for bail of the petitioner. In a criminal prosecution for offences under sections 147, 148, 149, 326, 307 of the Indian Penal Code and 27 of the Arms Act, the petitioner along with ten other persons are named in the F.I.R as accused. It is submitted that there is general and omnibus allegation against all the accused persons including the petitioner, who all are alleged to have fired upon the informant. But according to F.I.R. vide Annexure-1 itself, informant sustained only one fire arm injury in his right hand. It is highlighted that the petitioner can not be attributed to have caused any specific injury on the person of the informant. The petitioner is said to be in judicial custody since 05-02-2010 and it is further stated that no other criminal case is pending against him. Be that as it may in the facts and circumstances of the case, 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 satisfaction of learned Judicial 2 Magistrate, first class Danapur, District Patna in connection with Bikram P.S. case No. 243 of 2006, subject to conditions that :- (A) one of the bailors must be government 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 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 dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. S.P. (Birendra Prasad Verma,J.)