IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24400 of 2010 Md. Sayum, son of late Md. Bashir, resident of village- Jafarabad, P.S.- Dishari, District- Vaishali --- Petitioner. Versus The State of Bihar ----- Opp. Party. ----------- 4/ 27-10-2010 Heard the parties. In a criminal prosecution registered under sections 395 and 397 of the Indian Penal Code as also under section 27 of the Arms Act, the petitioner is not named in the F.I.R., vide Annexure-1, as an accused. It appears that in the house of the informant dacoity was committed and certain articles were looted from there. Learned counsel for the petitioner submits that the petitioner is neither named in the F.I.R. nor he has been put on T.I. Parade till date, though he is in judicial custody since 10.02.2006. Learned counsel for the petitioner further submits that the case was committed to the court of Sessions in the year 2007 but till date trial of the petitioner has not been concluded. Learned counsel for the State has opposed the prayer for bail. In the aforesaid facts and circumstances of the case, particularly in view of the period of incarceration of more than four years, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to 2 the satisfaction of learned A.D.J. XIII, Patna in connection with S. Tr. No. 727 of 2007, arising out of Gardanibagh P.S. Case No. 138 of 2006, subject to conditions that : (A) one of the bailors must be government servant, (B) another bailor must be either family member or close relative of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) 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 (D) 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 3 dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)