1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25497 of 2011 ====================================================== Arun Singh son of Bahadur Singh, Resident of Village-Sakrohar, P.S.- Beldour, District-Khagaria. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Md. Khurshid Alam, Advocate. For the Opposite Party : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 16-09-2011 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Prayer for bail made on behalf of the petitioner in a criminal prosecution registered under Section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act was earlier rejected by this Court by an order dated 25.08.2010 passed in Cr. Misc. No. 12755 of 2010, (Annexure-1) with an observation that if the trial of the petitioner is not concluded within a period of nine months from the date of commitment, then the petitioner shall be at liberty to renew his prayer for bail. In response to the order dated 17.08.2011, a report, kept at flag-A, has been submitted by the learned Sessions Judge, Khagaria, according to which case was committed to the court of sessions on 21.09.2010 and charge was framed against the petitioner besides others on 05.03.2011, but till date 2 no witness has been produced on behalf of the prosecution. The petitioner is said to be judicial custody since 17.11.2009. In the aforesaid facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Session Case No. 292 of 2010 arising out of Beldour P.S. Case No. 36 of 2001 to the satisfaction of learned Sessions Judge, Khagaria, subject to the conditions that:- (a) One of the bailors should be a Government servant and other bailor should be either a public servant or a close family member or relation 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 cases 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 date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. Devendra/- (Birendra Prasad Verma, J)