IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.678 of 2011 Binay Kumar Mandal @ Binay Mandal son of late Krishna Kushwaha @ Kari Mandal, resident of Mohalla- Chhoti Kela Bari, P.S. Kotwali, District- Munger --- Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 12-01-2011 Heard the parties. The prayer for bail made on behalf of the petitioner with respect to a criminal prosecution registered under section 302/201/34 of the Indian Penal Code was earlier rejected by this Court by order dated 05.08.2010 passed in Cr. Misc. No. 19427 of 2010 (Annexure-1) with an observation that the petitioner shall be at liberty to renew his prayer for bail on completion of nine months in judicial custody. Learned counsel for the petitioner submits that the petitioner surrendered on 26.03.2010 in the court below and was remanded to judicial custody and as such he has remained in judicial custody for more than nine months. It is further submitted that though the petitioner is named in the F.I.R. as an accused, but specific role has not been attributed against him for committing the crime in question. Be that as it may, in the facts and circumstances of the case and in view of the observation given earlier in the order dated 05.08.2010 (Annexure-1), the above named petitioner is directed to be enlarged on bail on furnishing 2 bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Fast Track Court III, Lakhisarai in connection with Suryagarha (Piri Bazar) P.S. Case No. 1 of 2010, giving rise to Sessions Case No. 633 of 2010, subject to conditions that : (A) 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 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 3 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 bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)