IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31913 of 2010 RAM SEBAK SAHNI @ RAM SEBAK TANTI, SON OF MEDNI SAHNI, RESIDENT OF VILLAGE PARIHARA, P.S. BALLIA ( PARIHARA), DISTRICT BEGUSARAI. Versus STATE OF BIHAR ----------- 2/ 01-09-2010 Heard the parties. In a criminal prosecution registered under section 307 of the Indian Penal Code as also under section 27 of the Arms Act, the petitioner is alleged to have fired causing a pellet injury on the right cheek of the informant and another injury was caused to his cousin. It is submitted that the petitioner is in judicial custody since 27.09.2009 and though there is allegation of firing against the petitioner upon the informant, but the injury sustained by the informant has been opined to be simple in nature. It is also submitted that though the case of the petitioner has been committed to the court of Sessions but even charge has not been framed as yet and, therefore, there is no chance of the trial of the petitioner being taken up in near future. Taking into consideration the facts and circumstances of the case, particularly the period of incarceration, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C. 2 III, Begusarai in S. Tr. No. 707 of 2010 arising out of Balia Parihara P.S. Case No. 140 of 2009, subject to the conditionsthat: (A) one of the bailors must be government servant and another bailor shall be a close family member 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 case 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 dates, and if on two consecutive dates petitioner fails to make pairvi, then 3 the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)