IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37040 of 2010 Om Prakash Sahni @ Om Prakash Chaudhary son of Sri Dina Nath Sahni @ Dinanath Chaudhary, resident of village-Raghunathpur, P.S. Turkaulia, District- East Champaran --- Petitioner. Versus STATE OF BIHAR--- Opp. Party. ----------- 2/ 06-10-2010 Heard the parties. In a criminal prosecution registered under sections 302, 201,120(B)/34 of the Indian Penal Code as also under section 25(1-b)/27 of the Arms Act, the petitioner is not named in the F.I.R. as an accused. According to prosecution case, the deceased went away from his house along with three F.I.R. named accused persons and subsequently he was found to be dead. During the course of investigation one Yugal Kishore Mahto was apprehended by the police and his confessional statement was recorded, where he disclosed the name of the petitioner also showing his complicity in the crime in question. Taking into consideration the fact that there is no direct material to connect the petitioner with the crime in question and he being in judicial custody since 30.04.2010, the above named petitioner is directed to the enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Jipesh Kumar, learned Judicial 2 Magistrate, Ist Class, East Champaran in Tr. No. 4165 of 2010, arising out of Turkaulia P.S. Case No. 287 of 2009 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 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 be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)