IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30702 of 2009 KAMTA YADAV, son of Nanhak Yadav, R/o village Sherpur, P.S. Makhdurmpur, District - Jehanabad Versus STATE OF BIHAR . ----------- 5/ 03.03.2010 Heard Mr. Jagannath Singh, learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the state. The petitioner is an accused in a case instituted under sections 395, 397 and 412 of the IPC as also under section 27 of the Arms Act. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR and there has been no recovery of any incriminating article either from his house or from his possession. It is further submitted that on the direction issued by this Court, the petitioner was put on Test Identification Parade but he was not identified by any of the witnesses. Learned counsel for the petitioner submits that only material against the petitioner is that he has been named by co accused persons before the police. Learned Additional Public Prosecutor has fairly conceded to the aforesaid position. Be that as it may, in the facts and circumstances of the case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs.10000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Gaya in Belaganj P.S. Case No. 39 of 1999 subject to the condition that the petitioner makes a regular pairvi in the court below either by appearing personally or by making representation through his lawyer - 2 - and if on two consecutive dates there is no pairvi on behalf of the petitioner, the court below shall be at liberty to cancel the bail bond. Further, if the petitioner is found involved in any further case, then in that case also, the informant or the state shall be at liberty to file a petition in the court below for cancellation of bail bond of the petitioner and if such a petition is filed before the court below, it shall be obliged to consider and dispose of the same after hearing all concerned. Anil/ (Birendra Prasad Verma, J.)