IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20336 of 2010 KAMLESH PASWAN SON OF LATE KISHORI PASWAN, RESIDENT OF GANGHPARDA BIGHA, P.S. BELAGANJ, DIST. GAYA – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : Mr. Jay Kumar, Adv. For the State : Mr. D. Mehta, A.P.P. 2/ 16.06.2010 Heard the parties. In a criminal prosecution for offence under sections 399/400 of the Indian Penal Code, the petitioner was apprehended by the police with a stolen motorcycle and two other accused persons succeeded in fleeing away from there. It is submitted that petitioner is in judicial custody since 21.05.2008, i.e., for more than two years. The case was committed to the court of Sessions in the year 2008 itself but the trial of the petitioner has not been taken up as yet and, therefore, there is absolutely no chance of conclusion of the trial in near future. It is further submitted that since the petitioner and two other persons were allegedly going on a motorcycle, it cannot be said that they were making preparation for committing dacoity and as such the offence under section 399 of the I.P.C. cannot be applicable in the present case. Be that as it may, in the facts and circumstances of the case particularly on the ground of - 2 - incarceration of the petitioner since 21.05.2008, 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 Fast Track Court IV, Patna in connection with Sessions Trial No. 1545 of 2008, arising out of Poonpoon P.S. Case No. 42 of 2008, subject to conditions: (A) one of the bailors must be government servant or close family members 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 - 3 - 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. ( Birendra Prasad Verma, J ) BTiwary/