IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2475 of 2010 BHOLA YADAV Versus STATE OF BIHAR ----------- 3/ 17.03.2010 Heard Mr. Akhileshwar Prasad Singh, learned counsel appearing for the petitioner and Mr. Nirbhay Kumar Singh, learned Addl. P.P. for the State. Petitioner is accused in a case instituted under sections 302/307/120B/34 of the Indian Penal Code as also under section 27 of the Arms Act. It is submitted by learned counsel for the petitioner that he is not named in the F.I.R. as accused though five other persons are specifically named and specific allegations of assault have been levelled against those five accused persons. During the course of investigation Mithilesh Kumar Sah and some other accused persons were arrested by the police merely on suspicion and their confessional statement was extracted by torturing them and it is said that the aforesaid accused persons have named this petitioner in their alleged confessional statement recorded by the police. It is stated that the petitioner has voluntarily surrendered on 24.06 and he was taken in police remand on 25.06.2008 and during the police custody he was shown to certain persons and thereafter he was put on T.I.Parade. In the T.I.Parade, of course, some persons had identified the petitioner but - 2 - they had not stated about any role against the petitioner for killing the deceased. Learned counsel for the State, after going through the case diary, has not controverted the aforesaid facts. It is also pointed out that co-accused Vinod Kumar Sinha @ Vinod Lala, who was also not named in the F.I.R., has been granted bail by a Bench of this Court by order dated 16.12.2008 passed in Cr. Misc. No. 40024 of 2008, Annexure-2. Be that as it may, in view of the period of incarceration, let the above named petitioner, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned F.T.C.-3rd, Patna in connection with S.T.No. 2618 of 2008, arising out of Patliputra P.S.Case No. 117 of 2008 , subject to the conditions (a) that one of the bailors must be government servant or close family members 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 - 3 - opportunity of hearing to all concerned and (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J ) BTiwary/