IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41423 of 2009 KHELARI RAI,s/o Late Bhola Rai,resident of village-Saraipur @ Dewantok, P.S.-Ganga Bridge,District-Vaishali. Versus THE STATE OF BIHAR ----------- 04/ 01-04-2010 Heard Mr. Shakil Ahmad Khan, learned senior counsel appearing for the petitioner and Mr. Rajeev Ranjan Sinha, learned counsel for the informant and also Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sadar Hajipur (Ganga Bridge) P.S.Case No.110/2001, giving rise to Sessions Trial No.473/2001, which was originally registered under Sections 147/148/149/324/307/302 of the Indian Penal Code and 27 of the Arms Act. It is submitted by the learned counsel for the petitioner that though petitioner and six other persons were named in the FIR as accused and there is allegation of their participation in the crime in question. However, on close of investigation police submitted final form only against co-accused Bideshi Rai and one more co-accused. So far this petitioner is concerned, he was not sent up for trial, which is apparent from final form (Annexure-2). Learned Magistrate did not take cognizance against this petitioner. However, during the course of trial of co-accused Bideshi Rai, petitioner has been summoned by the learned trial court in exercise of its power under Section 319 Cr.P.C. and, therefore, petitioner has reasonable apprehension of his arrest in the present case. Learned counsel for the State and learned counsel for the 2 informant have strongly opposed the prayer for anticipatory bail, but they have not disputed the factual aspect of the matter. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in Hajipur Sadar (Ganga Bridge) P.S.Case No.110/2001, giving rise to Sessions Trial No.473/2001, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-V, Vaishali at Hajipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that : (a) one of the bailors must be a 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) 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. AH/ ( Birendra Prasad Verma, J.)