IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23573 of 2010 Bambam Giri, son of Late Dhaneshwar Giri, resident of village- Rupauli, P.S.- Musrigharari, District- Samastipur – Petitioner. Versus State of Bihar ----- Opp. Party. ----------- 4/ 27-10-2010 Heard the parties. In a criminal prosecution registered under section 302/34 of the Indian Penal Code as also under section 27 of the Arms Act, altogether seven persons including the petitioner, have been arrayed as accused. It is submitted that three persons including co- accused Kanhaiya Choudhary and this petitioner were seen fleeing away from the place of occurrence and they are alleged to have fired upon the deceased Pramod Rai. It is further submitted that co-accused Kanhaiya Choudhary with almost similar and identical allegation with that of the petitioner has already been granted bail by a Bench of this Court by order dated 07.04.2010 passed in Cr. Misc. No. 4424 of 2010. The petitioner is stated to be in judicial custody for about one year. It is further submitted that the petitioner is a man of fair antecedent and no criminal case is pending against him. In order to maintain consistency, in view of grant of bail to co-accused Kanhaiya Choudhary, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of 2 the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 82 of 2009, 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 every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall 3 be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)