IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20113 of 2010 VISHWANATH PANJIYAR @ VISHWAJIT KUMAR @ BISHU SON OF JAYNANDAN PANJIYAR, RESIDENT OF VILLAGE MOKWA, P.S. ASARGANJ, DISTRICT MUNGER. --- PETITIONER. Versus THE STATE OF BIHAR--- OPP. PARTY. with Cr.Misc. No.20222 of 2010 MITHELESH SINGH @ MITHILESH KUMAR SINGH SON OF LATE SACHCHIDA NAND SINGH, RESIDENT OF VILLAGE MUKHTIYARPUR, P.S. MAHNAR, DISTT. VAISHALI. --- PETITIONER. Versus STATE OF BIHAR—OPP. PARTY . ----------- For the petitioner in Cr.Misc. No. 20113 of 2010 : Mrs. Mira Kumari, Adv. For the State : Mr. A.A. Khan, A.P.P. For the petitioner in Cr. Misc. No.20222 of 2010: Mr. Vijay Anand,Adv. For the State : Mr. R.P.Singh, A.P.P. --- 2/ 14.06.2010 Heard the parties. In a criminal prosecution for offence under section 379 of the Indian Penal Code the petitioners are not named in the F.I.R. as accused. The F.I.R., Annexure- 1, was lodged with respect to the theft of a motorcycle. It is submitted that four motorcycles were seized from near Kuber Hotel, Exhibition Road, Patna and for that Gandhi Maidan P.S. Case No. 364 of 2009 was registered and there the petitioners were named as accused. Thereafter on mere suspicion in several other identical cases, including present one, the petitioners have been remanded as accused. Petitioner Vishwanath Panjiyar @ - 2 - Vishwajit Kumar @ Bishu is said to be in judicial custody since 06.11.2009 and petitioner Mithelesh Singh @ Mithilesh Kumar Singh is said to be in judicial custody since 10.11.2009. Be that as it may, in the 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 Mr. Rajiv Kumar, J.M. Ist Class, Patna in Gandhi Maidan P.S. Case No. 346 of 2009 subject to the conditions : (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 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 - 3 - 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 their 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/