IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20186 of 2010 1. RAM SAGAR YADAV SON OF LATE SARYUG YADAV 2. SHYAM KUMAR SON OF SRI NARESH YADAV, 3. SURESH RAM SON OF BALLAM RAM, ALL RESIDENT OF VILLAGE GIRIHINDA, P.S. SHEIKHPURA, DISTRICT SHEIKHPURA --- PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. with Cr.Misc. No.20252 of 2010 VILASH YADAV SON OF LATE BHAGWAN DAS YADAV, RESIDENT OF VILLAGE COLLEGE MORE, P.S. AND DISTRICT SHEIKHPURA. – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner in Cr. Misc. No. 20186/2010: M/S Pankaj Kumar Sinha, with Kamal Kishore Jha, Advocates. For the State:k Mr. Akbar Ali, A.P.P. For the petitioner in Cr.Misc.No. 20252/2010: M/S Ambika Bhagat with Kamal Kishore Singh, Advocates. --- 2/ 15.06.2010 Heard the parties. In a criminal prosecution for offences under sections 307, 436, 353 and other allied offences of the Indian Penal Code, the petitioners of both the cases are named in the F.I.R. as accused. According to the prosecution case some persons had collected certain bricks for the purpose of constructing a religious structure on a public land. When the police party were getting the bricks removed from there with the help of labourers, then it was found that some of the accused have put up an the idol of Lord Hanumanjee on that place. While idol of Lord Hanumanjee was being removed with full dignity and - 2 - honour, large number of persons are said to have assembled there and started pelting stones, as a result of which some persons sustained injuries. It is submitted by learned counsel appearing on behalf of the petitioners that allegations are general in nature against all the F.I.R. named accused persons, including the petitioners as also unknown accused persons and at best they can be said to be the members of the mob. It is further submitted that co-accused Sadhu Choudhary @ Indradeo Choudhary and co-accused Rajesh Kumar with almost similar and identical allegation with that of the petitioners have been granted bail by a common order dated 30.04.2010 passed in Cr. Misc. No. 11569 and 12482, both of 2010 by a Bench of this Court. In the aforesaid facts and circumstances let the above named petitioners of both cases be 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, Sheikhpura in connection with Sheikhpura P.S. Case No. 66 of 2010 subject to the conditions that: (A) one of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship - 3 - 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 petitioners shall make regular pairvi in the court below in the present case either by appearing themselves 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 bonds of the petitioners. ( Birendra Prasad Verma, J ) BTiwary/