IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10936 of 2010 1. JITENDRA RAI,son of Sipahi Rai alias Rajendra Rai 2. Ajay Rai, son of Gaya Rai @ Gaya Dat Ray, resident of village-Bechari,P.S.-Bechari, Distt.-Bhojpur. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr. Ashutosh Kumar, Advocate For the State :Mr. Ram Priya Sharan Singh, Addl.P.P. ----------- 02/ 23-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Piro P.S.Case No.149 of 2009 dated 11-08-2009, registered under Sections 448, 341, 323, 384, 504 and 353/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that except the offences under Sections 384 and 353 of the Penal Code, other offences are bailable. It is further submitted that the entire occurrence had taken place on the question of distribution of kerosene oil amongst consumers and now the matter has been compromised between the parties. In support of that Annexure-2, the compromise petition, has been brought on record. Be that as it may, in the facts and circumstances of the case and in view of the compromise of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on 2 bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Arrah, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure and subject to further conditions that: (a) one of the bailors must be a 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 3 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 liberty to cancel the bail bonds of the petitioners. AH/ ( Birendra Prasad Verma, J.)