IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20358 of 2010 1. Ram Adhar Yadav, son of Ram Bilash Yadav, Resident of Village- Ranti Mohanpur, Tole, Sarbari Police Station- Raj Nagar, District-Madhubani. 2. Dharmbir Yadav, son of late Shiv Jeet Yadav, resident Village- Mohanpur, Police Station-Pandaul, District- Madhubani. ……………………………….Petitioners. Versus The State of Bihar …………………………Opposite Party. For the petitioners :- Mr. Gagan Deo Yadav, Advocate. For the State :- Mr. M. Dayal, A.P.P. ----------- 2. 16. 06. 2010. Heard the parties. In a criminal prosecution for offences under Sections 399, 402, 120B and 414 of the Indian Penal Code as also under Sections 25 (1-A)(b)/26/35 of the Arms Act, the petitioners and few other persons are named in the F.I.R. as accused. It is submitted by the learned counsel for the petitioners that Petitioner No. 1 is a driver and Petitioner No. 2 is a shop keeper and they were apprehended by the Police merely on suspicion. It is further submitted that even according to the prosecution case, no incriminating article, much less any fire arms, were seized/recovered from the possession of the petitioners. The petitioners are stated to be men of absolutely fair antecedent and there is no criminal history against them. The petitioners are stated to be in judicial custody since 23. 03. 2010. In the aforesaid facts and circumstances of the case, the above named petitioners are directed to be released on bail in connection with Raj Nagar P.S. Case No. 65 of 2010, on furnishing 2 bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, subject to further conditions; (a) that one of the bailors must be Govt. servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) if the petitioners are 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 petitioners, 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 petitioners shall make regular pairvi in the court below in the present case either by appearing himself in person of through representation by his lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at 3 liberty to cancel the bail bond of the petitioners. m.p. ( Birendra Prasad Verma, J.)