IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24548 of 2010 VINAY RAI SON OF LATE CHANDRIKA PRASAD SHARMA, RESIDENT OF VILLAGE JIHULI, P.S. PATAHI, DISTRICT EAST CHAMPARAN. ---- PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 02-08-2010 Heard learned counsel for the petitioner. Nobody appears on behalf of the State to oppose the prayer for bail. In a criminal prosecution registered for offences under section 442, 323 and 161 of the Indian Penal Code as also under section 3 (1) (x) of the SC/ST ( P.O.A.) Act, the petitioner, being the revenue Karamchari, is alleged to have called the informant by his caste name and he is further alleged to have assaulted him by kicks. It is submitted that entire occurrence has taken place on the question of non-sanctioning of benefits under Indira Awas Scheme to the informant. It is also submitted that during the course of investigation independent witnesses have not supported the prosecution allegation against the petitioner and he is in judicial custody since 15.06.2010. In the facts and circumstances of the case, let the above named petitioner 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 A.C.J.M., Bagaha ( West Champaran ) in Ramnagar P.S. Case No. 175 of 2008 and subject to further conditions that :- 2 (A) 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 ( 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. BTiwary ( Birendra Prasad Verma, J)