IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20441 of 2010 DINESHWAR DUBEY SON OF LATE CHANDRA SHEKHAR DUBEY, RESIDENT OF VILLAGE MAMRAKHA BHAIYA TOLA, P.S. MARKHA, DIST. MOTIHARI AT EAST CHAMPARAN --- PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- 2/ 17.06.2010 Heard the parties. In a criminal prosecution instituted for offences under section 302, 120(B), 34 I.P.C. and 27 of the Arms Act, though the petitioner is named in the F.I.R. as an accused, but allegation of killing of the deceased is against two other unknown accused persons. The petitioner is stated to be one of the conspirators for getting the crime in question committed, though admittedly the petitioner was not present there on the alleged place of occurrence. The enmity between the parties is admitted in the F.I.R. itself. By referring to Annexure- 2 and 3 it is submitted that co-accused Raju Tiwary, Ratan Tiwary and Rabindra Mishra, who are also named in the F.I.R. as accused, have been granted either anticipatory or regular bail by different Benches of this Court. 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 Chief Judicial - 2 - Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 51 of 2006, 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 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 . ( Birendra Prasad Verma, J ) BTiwary/