IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42598 of 2009 1.RUPESH CHOUDHARY son of late Janak Lal Chodhary 2.Satya Narayan Poddar son of late Kanik Poddar 3.Chuchesh Rishideo son of late Bateshwar Rishideo 4.Bechan Chhoudhary son of late Hulal Choudhary 5.Wakil Choudhary son of Sita Ram Chaudhary all are r/o village Balutol, P.S. Barhara, Dist. Purnia ….Petitioners. Versus STATE OF BIHAR ----------- 4 4.3.2010 Heard Mr. Bikramdeo Singh, learned counsel appearing for the petitioners and Mr. Upendra Kumar, learned A.P.P. for the State. Petitioners are accused in a case instituted for offences under sections 147, 323, 379, 386, and 387 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that there is general and omnibus allegation against all ten first information named accused persons that they allegedly snatched money from the informant and no specific role has been assigned to the petitioners. It has also been submitted that co-accused Bijendra Choudhary @ Vijay @ Vizal having almost similar allegations has been granted bail by a Bench of this Court by order dated 17.12.2008 passed in Cr. Misc. No. 46230 of 2008. It has also been submitted that some of the co-accused persons who have been put on trial have already been acquitted in the case. It has been stated that petitioners no. 1 to 3 surrendered in the court below on 24.12.2008 and were remanded in judicial custody. Petitioners no. 4 and 5 have also been remanded in judicial custody on 7.10.2008 and 28.2.2009 respectively and therefore, submission is that petitioners have been sufficiently punished in the present case. Learned A.P.P. has pointed out that the case was instituted in the year 1996 and petitioners have absconded for quite along time. In rebuttal - 2 - learned counsel for the petitioners submits that the petitioners are prepared to make regular pairvi and extend all co-operation in early conclusion of the trial. Be that as it may, in the facts and circumstances of the case, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Additional Sessions Judge, F.T.C-VI, Purnea in Barhara (Rajhubansh Nagar) P.S. case no. 48/96, S.T. No. 676 of 2009, subject to the conditions, firstly that one of the bailors must be Govt. servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners and secondly that 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 of the petitioners. (Birendra Prasad Verma, J) M.Rahman