IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37188 of 2010 BHARAT YADAV, Son of Ram kishore Yadav, resident- Karma Bigha, Police Station- Jamhore, District- Aurangabad. Versus STATE OF BIHAR ----------- 2/ 08-10-2010 Heard the parties. In a criminal prosecution registered under Sections 307, 399, 402 and some other allied offences of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused. It is submitted that only material against the petitioner is that he has been named by co-accused Sukhendra Yadav as his accomplice in his alleged confessional statement recorded by the police. It is further submitted that there is no other tangible material to connect the petitioner with the crime in question and co- accused Sukhender Yadav @ Brahil Yadav, who has named the petitioner before the police, has already been granted bail. It is also highlighted that some other co-accused persons have been granted bail by different Benches of this Court. One of the orders has been annexed as Annexure-2. Be that as it may,in the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, 2 Aurangabad in connection with Rafiganj P.S. Case No. 2 of 2006, subject to the conditions that : (a) one of the bailors must be a 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 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. A.H./Shahzad ( Birendra Prasad Verma, J.)