IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24585 of 2010 LALAN YADAV S/O LATE BHOPAL YADAV R/O VILLAGE CHUKTI, P.S. MANSI, DISTRICT KHAGARIA. …………………………PETITIONER Versus STATE OF BIHAR…………………………………………OPPOSITE PARTY ----------- 2 02-08-2010 Heard the parties. In a criminal prosecution for an offence under section 394 of the Indian Penal Code, the petitioner is not named in the F.I.R. as an accused. Apparently, the F.I.R. vide Annexure-1 was lodged against four unknown miscreants. 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. parade till date. Only material against the petitioner is that he has been named by co-accused Milan Kumar and co-accused Mukesh Kumar in their alleged confessional statement recorded by the police. By referring to Annexures 2 and 3, it is submitted that aforesaid co-accused Milan Kumar and co-accused Mukesh Kumar have already been granted bail by different benches of this Court. The petitioner is stated to be in judicial custody since 30-03-2010. Be that as it may, in the facts and 2 circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Khagaria, in connection with G.R.(R) NO. 32/09 arising out of Khagaria(Mansi) Rail P.S. Case No. 16/2009. subject to the 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 3 (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. S.P. (Birendra Prasad Verma, J.)