IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11387 of 2010 DHARMENDRA SINGH @ PAHALWAN . son of Shri Sidheshwar Singh, r/o village Khaira, P.S. Dhirara , Dist. Aurangabad, ..petitioner Versus STATE OF BIHAR . O.P. with Cr.Misc. No.11403 of 2010 MD. ISRAIL . son of Samsuddin Ansari, R/o village Barwan, P.S. Navinagar, Dist. Aurangabad ….Petitioner. Versus STATE OF BIHAR . O.P. ----------- 5 05.08.2010 Heard the parties. The petitioners in both the cases referred to above are facing criminal prosecution with respect to offences registered under sections 144, 427 of the Indian Penal Code as also under section ¾ of the Explosive Substance Act, section 3 of the Damage of Public Property Act and section 17 of the C.L.A. Act. It is submitted that the petitioners are not named in the FIR and no incriminating articles have been recovered either from their house or from their possession to show their complicity in the crime in question. It is further submitted that since petitioners were accused in some other criminal cases, therefore, they have been remanded in the present case also on the requisition made by the police and subsequently they are alleged to have confessed their guilt before the police which, according to the learned counsel for the petitioners, has no evidentiary value. It is further highlighted that save and except alleged confession of the petitioners before the police, there is no other material to connect them with the crime in question. Petitioner Dharmendra Singh @ Pahalwan is stated to be in judicial custody since 6.11.2009 and petitioner Md. Israil is stated to be in judicial custody since 30.10.2009. By referring to Annexure-2, it is further highlighted that - 2 - co-accused Babu Ram Pal with almost similar and identical allegation with that of the petitioners has been granted bail by a Bench of this Court by order dated 11.5.2010 passed in Cr. Misc. No. 14741 of 2010. In the aforesaid circumstances, the above named petitioners in both the cases referred to above shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Fast Track Court No. II, Aurangabad in connection with Session Trial No. 49 of 2010 arising out of Deo P.S. Case no. 47 of 2009, subject to the conditions: (a) That both the bailors of both the petitioners must be family members, who will file a separate affidavit showing their 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 themselves or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi , then the court below shall be at liberty to cancel the bail bonds of the petitioners. M.Rahman ( Birendra Prasad Verma, J. )