IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2393 of 2010 1. JITENDRA TIWARY 2. Dipak Kumar Rai Versus STATE OF BIHAR . ----------- 3/ 17.03.2010 Heard Mr. Akhileshwar Prasad Singh, learned counsel appearing for the petitioners and Mr. Nirbhay Kumar Singh, learned Addl. P.P. for the State. Petitioners are accused in a case instituted for the offence undersection 414/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that as a matter of fact there is no recovery of any incriminating article either from the house or from the possession of the petitioners. One motorcycle was seized from the house of co-accused Munna Tiwary and another motorcycle was seized from the house of co-accused Shashi Kant Tiwary. It is stated that petitioner no.1, Jitendra Tiwary happens to be neighbour of Munna Tiwary, and merely on the basis of apprehension these two petitioners were apprehended. It is stated that the petitioners are in judicial custody since 16th July, 2009. Learned counsel for the State has opposed the prayer for bail but has not disputed the period of incarceration suffered by these two petitioners. Be that as it may, in the facts and circumstances, let the above named petitioners, be - 2 - enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur ( Nainijor) P.S. Case No. 218 of 2009 , subject to the conditions (a) that 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 petitioners, (b) if the petitioners are 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 petitioners, 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 petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. ( Birendra Prasad Verma, J ) BTiwary/