IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18028 of 2010 TAPI NUT @ HOTI NUT son of late Sudama NutVillage Hussaini, P.S.Dumaria Ghat, Dist. East Champapran …..Petitioner Versus STATE OF BIHAR O.P. ----------- 4 5.8.2010 Heard the parties. In a criminal prosecution registered under sections 395, 412 of the Indian Penal Code, petitioner is not named in the FIR as an accused. It is submitted that no incriminating article has been recovered either from the house or from the possession of the petitioner. The petitioner has not been put on T.I.P. till date, through he is in judicial custody since 22.1.2010. It is further submitted that only material against the petitioner is that he has been named by co-accused Umesh Nut in his alleged confessional statement recorded by the police. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Motihari, East Champaran , in connection with Kesariya P.S. Case No. 80 of 2002, subject to the conditions: (a) That both the bailors must be family members of the petitioner, who shall file their separate affidavit showing their 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 petiton is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all - 2 - 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. ( Birendra Prasad Verma, J. ) M.Rahman