IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36780 of 2010 1.MAHABIR THAKUR son of Kari Thakur 2. Ranjeet Thakur son of Mahabir Thakur, Both are residents of village Birpur, P.S. Madhepur,Dist. Madhubani ....Petitioners. Versus STATE OF BIHAR O.P. ----------- 4 12.01.2011 Head the parties including learned counsel appearing on behalf of the informant. Prayer for bail made on behalf of the petitioners, who are father and son respectively, was earlier rejected by order dated 16.6.2010 passed in Cr. Misc. No. 20325 of 2010 (Annexure-1) with respect to a criminal prosecution registered under section 307/34 and some other allied offences under the Indian Penal Code. Learned counsel for the petitioners submits that there is case and counter case from both sides with respect to same occurrence and prayer for bail of the petitioners was rejected on 16.6.2010 for the present. It is further highlighted that petitioners are in judicial custody since 11.5.2010 and they have remained in judicial custody for more than eight months. Learned A.P.P. as also learned counsel appearing on behalf of the informant have strongly opposed the prayer made on behalf of the petitioners and submit that in the facts and circumstances of the case, the petitioners are not entitled to have the privilege of bail. It is further highlighted that the trial of the petitioners has commenced and, therefore, petitioners if granted bail may deliberately delay the disposal of the trial. 2 Be that as it may, in the facts and circumstances of the case and in view of period of incarceration, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Jhanjharpur District- Madhubani in connection with Madhepur P.S. Case No. 28 of 2010 subject to the following conditions: (a) That one of the bailors must be a Government servant and another bailor must be a family member or close relative of 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. (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 bond of the petitioners. M.Rahman ( Birendra Prasad Verma, J )