IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20343 of 2010 BRAHMDEO RAVIDAS @ BRAHAMDEO RABIDAS SON OF LATE UGAN RABIDAS RESIDENT OF VILLAGE MAHULLIYA TAR, P.S. KAWAKOL, DIST. JAMUI. --- PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : M/S N.K.Agrawal, Sr. Adv. With Nirmal Kumar Sinha No.3, Adv. For the State : Mr. Ram Priya Sharan Singh, A.P.P. ----- 2/ 17.06.2010 Heard the parties. In a criminal prosecution instituted for offences under section 302, 307, 353 and some other allied offences under the Indian Penal Code as also under section 27 of the Arms Act, 3/4 of Explosive Substance Act and section 17 of Criminal Law Amendment Act, the petitioner is not named in the F.I.R. as accused. The F.I.R. was lodged against 100-150 MCC extremists. It is submitted that there has been no recovery of any incriminating article either from house or from possession of the petitioner and the petitioner has not been put on T.I. Parade till date. Even in course of investigation no witness has named the petitioner to have been seen him participating in the occurrence in question and merely on the basis of suspicion, he has been arrayed in the category of accused. It is further submitted that petitioner is in judicial custody since 15.10.2008 and charge was framed against the petitioner much earlier but till date not even a - 2 - single witness has been produced on behalf of the prosecution. It is also highlighted by filing a supplementary affidavit in the Court today that some other accused persons, namely, Arjun Hemban and, Jehal Ravidas and Shiv Narayan Mahto have been acquitted by the learned trial court on the ground that no cogent evidence was adduced against them by the prosecution party. It has been urged that there is no possibility of conviction of the petitioner in the present case. In the aforesaid facts and circumstances, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C. III, Jamui in connection with Khaira P.S. Case No. 66 of 2003, S.Tr. No. 121 of 2009 , subject to conditions that : (A) one of the bailors must be government servant or close family member 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 - 3 - 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. ( Birendra Prasad Verma, J ) BTiwary/