IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20268 of 2010 ABHIMANU KUMAR @ RAKTU KUMAR @ RAKTU YADAV Versus STATE OF BIHAR ----------- 3. 02-08-2010 Heard the parties. In a criminal prosecution for an offence registered under sections 399/402 of the Indian Penal Code and under sections 25(1-b), a/26/35 of the Arms, altogether nine persons including the petitioner have been named in the F.I.R. vide Annexure-1 as accused. According to the prosecution case, co-accused Deepak Kumar Singh and co-accused Gautam Kumar were apprehended besides others on suspicion by the police and from whose possession certain fire arms were recovered, but they have been granted bail vide order dated 13.07.2010 passed in Cr. Misc. No. 22692 of 2010 and Cr. Misc. No. 23269 of 2010 respectively. So far as this petitioner is concerned, it is submitted that he was also apprehended by the police on suspicion, but no incriminating article has been recovered from his possession and he is in judicial custody since 25.3.2010 and further there is no criminal history at all against him. In the aforesaid facts and circumstances, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 129 of 2010 2 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 petitioners; (b) if the petitioner is found involved in same and similar nature of case 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, (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. Sujit (Birendra Prasad Verma, J.)