IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11600 of 2010 TABREJ @ TABBU MIAN Versus STATE OF BIHAR ----------- For the petitioner: Mr. S. Arshad Alam, Advocate For the State: Mr. Choubey Jawahar, A.P.P. ------- 2 3.5.2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard the parties. In a criminal prosecution for offence under section 364/34 of the Indian penal Code, it is submitted that petitioner is not named in the FIR as an accused and alleged victim Ashwani Gupta @ Acchu was recovered during the course of investigation and his statement was recorded under section 164 Cr.P.C., which has been brought on record by way of annexure-4 to the supplementary affidavit. In his statement recorded under section 164 Cr.P.C. vide annexure-4, the alleged victim has not named the petitioner as an accused. Taking into consideration the aforesaid facts and circumstances, in the event of arrest or surrender within a period of four weeks from today, 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 C.J.M, Patna in connection with Kotwali P.S. Case No. 217 of 2001 subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions: (a) That one of the bailors must be Govt. Servant or close family member of the petitioner who will file an affidavit in the court below - 2 - 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. (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