IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20272 of 2010 BALI RAI @ BALI YADAVSON OF SRI RAMPRIT RAI, RESIDENT OF VILLAGE RAM NAGAR SATBHAIYA, P.S. BAKHTIYARPUR, DISTRICT PATNA--- PETITIONER . Versus STATE OF BIHAR—OPP. PARTY. . ----------- For the petitioner :Mr. Ajay Kumar Thakur, Adv. For the State : Mr. Gopesh Kumar, A.P.P. ---- 2/ 15.06.2010 Heard the parties. In a criminal prosecution for offence under section 364/34 of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused. According to prosecution case one Dharambir Kumar and one Khelari Kumar Sharma were kidnapped by unknown accused persons. During the course of investigation both the aforesaid victims were recovered and their statements under section 164 Cr. P.C. were recorded by learned Judicial Magistrate, which have been brought on record by way of Annexure-2 and 2/A. In the said statements the alleged victims have not named the petitioner as an accused. However, during the course of investigation some co-accused have named the petitioner as accomplice for committing the crime in question. By referring to Annexure-4 it is also submitted that co- accused Shiv Kumar Yadav, with almost similar and identical allegation has already been granted bail by a Bench of this Court by order dated 14.09.2009 passed in Cr. Misc. No. 25124 of 2009. The petitioner is stated to be in judicial custody since 05.12.2009. In the facts and circumstances, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- - 2 - with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Barh in connection with Bakhtiyarpur P.S. Case No. 191 of 1995, subject to conditions: (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 their 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/