IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31919 of 2010 1. PRAMOD DAS SON OF MAHADEO DAS 2. CHANDAN KUMAR DAS @ CHANDAN DAS SON OF DHRUV DAS, BOTH ARE THE RESIDENTS OF VILLAGE GOBARDHANPUR, P.S. LODIPUR, DISTRICT BHAGALPUR --- PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 01-09-2010 Heard the parties. In a criminal prosecution registered under section 379 of the Indian Penal Code, the petitioners are not named in the F.I.R. as accused. The case was registered with respect to theft of a motorcycle belonging to the informant. It is submitted that neither the stolen motorcycle nor any other incriminating article has been recovered either from the house or from the possession of the petitioners. The petitioners have not been put on T.I. Parade till date. Only material against the petitioners is that they had been named as accomplice in the alleged confessional statement of co-accused Sahendra Das recorded by the police. Petitioners are stated to be in judicial custody since 08.02.2010 and 17.02.2010, respectively. Taking into consideration the period of incarceration, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to 2 the satisfaction of Smt. Sulekha Jha, learned Judicial Magistrate, Ist Class, Bhagalpur in connection with Kotwali P.S. Case No. 381 of 2009 ( G.R. No. 1882A of 2009), subject to conditions that : (A) one of the bailors must be government servant or close family members 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 and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make 3 pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. BTiwary/ ( Birendra Prasad Verma, J.)