IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43842 of 2009 Siwan Rishi alias Bhagat Ji, S/o Jagmohan Rishi, resident Of Village- Bhatwara, P.S. Korha, District- Katihar. …….Petitioner. Versus The State of Bihar …………………………..Opposite Party. ----------- 2. 29. 03. 2010. Heard Mr. Parmeshwar Mehta, learned counsel for the petitioner and Mr. D. Mehta, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Korha P.S. Case No. 63/09 dated 17. 04. 2009, registered under Sections 302/201 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that he is not named in the F.I.R. as an accused. Even in course of investigation, no body has claimed to be an eye-witness of actual occurrence. The petitioner has been arrayed in the category of accused merely on suspicion. Learned A.P.P. for the State after going through the Case Diary has pointed out that there are certain circumstances showing complicity of the petitioner in the present case. However, he has not been able to point out any material to show direct involvement of the petitioner with the offence in question. In the aforesaid background and in view of the fact that all the materials collected against the petitioner are still in the realm of suspicion, the petitioner, namely, Siwan 2 Rishi @ Bhagat Ji in the event of his arrest/surrender within a period of four weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Korha P.S. Case No. 63/2009, G.R. No. 706/09, subject to the conditions as laid down under Section 438(2) of Cr. P.C and subject to a further condition that (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 showing his/her relationship with the petitioner 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 bond of the petitioner. m.p. (Birendra Prasad Verma,J.)