IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11162 of 2010 MD. ZAFAR ALI @ MD. ZAFAR Versus STATE OF BIHAR ----------- 2 27.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Kusheshwar Asthan P.S.Case No. 03 of 2006 dated 10.1.2006 originally registered under sections 323, 341, and 224 of the Indian penal Code. However, subsequently after more than two months offence under sections 147, 149, 342, 337, 354, 225, 307, 379/34 of the I.P.C. were added vide order dated 10.3.2006. According to prosecution case one Md. Shami Nadaf was arrested by the police personnel in connection with some other criminal case and while he was being taken away then eight FIR named accused persons along with 10-12 other unknown accused persons are alleged to have freed him from the custody of the village Chaukidar and the constable. It is submitted by learned counsel for the petitioner that originally case was instituted for all bailable offences and even if the prosecution case is accepted for the time being, though not admitted, it could hardly be a case under section 224 I.P.C. against the accused persons including the petitioner, but that offence is bailable. Apparently offences under section 307 and 379 of the I.P.C. were added after more than two months. It is further submitted that specific role has not been assigned against the petitioner. Petitioner is a Law Graduate and he has been made an accused for certain grave offences, which are not applicable against him. In the aforesaid background, let the above named petitioner in the event of his arrest or surrender in the court below within a period of four - 2 - weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Biraul at Benipur (Darbhanga) in connection with the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions: (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) 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 bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman