IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18773 of 2010
JAIPRAKASH VISHWAKARMA, SON OF SARYU
VISHWAKARMA, RESIDENT OF VILLAGE CHOURAHI, P.S.
HASPURA, DISTRICT AURANGABAD. - PETITIONER.
Versus
STATE OF BIHAR--OPP. PARTY.
with
Cr.Misc. No.21089 of 2010
PINTU KUMAR VISHWAKARMA SON OF ROHAN
VISHWAKARMA, RESIDENT OF VILLAGE KARMAHI, P.S.
DAUDNAGAR, DISTRICT AURANGABAD (BIHAR) -
PETITIONER.
Versus
THE STATE OF BIHAR--OPP. PARTY.
-----------
5/ 25-08-2010 Both these cases arise out of the same P.S.
case and as such they have been heard together and
are being disposed of by this common order.
The petitioners in both cases have been
arrayed in the category of accused in a criminal
prosecution registered under section 392 of the Indian
Penal Code.
It is submitted that the petitioners are not
named in the F.I.R. Though the petitioners are in
judicial custody since last week of January, 2010 but
till date they have not been put on T.I.Parade. It is
contended that the looted money has not been
recovered either from the house or from the possession
of the petitioners. Only material against petitioners is
that one allegedly stolen SIM Card was found used in
mobile set of the petitioner- Jai Prakash Vishwakarma.
From the electronic shop of petitioner Pintu Kumar
2
Vishwakarma allegedly looted mobile set was recovered,
but the seized articles have not been put on T.I.Parade.
It has been specifically stated by the petitioners that
they are men of fair antecedent and there is no criminal
history against them and save and except the present
case they are not accused in any other criminal case.
The petitioners were arrested in the last week of
January, 2010.
Be that as it may, in the facts and
circumstance the above named petitioners are directed
to be enlarged on bail on furnishing bail bonds of Rs.
10,000/- each with two sureties of the like amount each
to the satisfaction of SDJM, Daudnagar, District
Aurangabad in Obra P.S. Case No. 182 of 2009 subject
to the 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
3
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 pairvi, then the
court below shall be at liberty to cancel
the bail bonds of the petitioners.
( Birendra Prasad Verma, J.)
BTiwary/