IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24540 of 2010 1. BIHARI YADAV 2. ANIRUDH YADAV, BOTH SONS OF ADALAT YADAV, RESIDENT OF VILLAGE BHAGATPUR, P.S. BALIA, DISTRICT BEGUSARAI. – PETITIONERS. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- 2/ 02-08-2010 Heard learned counsel for the petitioners. No body appears on behalf of the State to oppose the prayer for bail. In a criminal prosecution registered under section 302 and some other allied offences under Indian Penal Code, under section 27 of the Arms Act and 3/4 of the Explosive Substance Act, specific allegation of exploding bombs is against co-accused Adalat Yadav, Shivji Yadav and Ajay Choudhary, as a result of which deceased Kiran Kumari is said to have died on the spot. The petitioners are also said to be the members of the mob. It is submitted that the petitioners are in Judicial custody since 22.09.2009 and several other accused persons with similar and identical allegation have been granted bail by different Benches of this Court. 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/- each with two sureties of the like amount each to the satisfaction of 2 learned Additional Sessions Judge, F.T.C. IV, Begusarai in S. Tr. No.250 of 2010 arising out of Balia P.S. Case No.218 of 2003, subject to conditions that : (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 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 3 liberty to cancel the bail bonds of the petitioners BTiwary/ (Birendra Prasad Verma, J.)