Vishwanath Panjiyar @ Vishwajit … vs The State Of Bihar on 14 June, 2010

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.20113 of 2010
                    VISHWANATH PANJIYAR @ VISHWAJIT KUMAR @ BISHU
                   SON OF JAYNANDAN PANJIYAR, RESIDENT OF VILLAGE
                   MOKWA, P.S. ASARGANJ, DISTRICT MUNGER.
                                                      --- PETITIONER.
                                             Versus
                           THE STATE OF BIHAR--- OPP. PARTY.
                                             with
                                     Cr.Misc. No.20222 of 2010
                   MITHELESH SINGH @ MITHILESH KUMAR SINGH SON
                   OF LATE SACHCHIDA NAND SINGH, RESIDENT OF
                   VILLAGE MUKHTIYARPUR, P.S. MAHNAR, DISTT.
                   VAISHALI.                           --- PETITIONER.
                                             Versus
                         STATE OF BIHAR--OPP. PARTY .
                                          -----------

For the petitioner in Cr.Misc. No. 20113 of 2010 : Mrs.
Mira Kumari, Adv.

For the State : Mr. A.A. Khan, A.P.P.
For the petitioner in Cr. Misc. No.20222 of 2010:

Mr. Vijay Anand,Adv.

For the State : Mr. R.P.Singh, A.P.P.

—

2/ 14.06.2010 Heard the parties.

In a criminal prosecution for offence under

section 379 of the Indian Penal Code the petitioners are

not named in the F.I.R. as accused. The F.I.R., Annexure-

1, was lodged with respect to the theft of a motorcycle.

It is submitted that four motorcycles were seized

from near Kuber Hotel, Exhibition Road, Patna and for that

Gandhi Maidan P.S. Case No. 364 of 2009 was registered

and there the petitioners were named as accused.

Thereafter on mere suspicion in several other identical

cases, including present one, the petitioners have been

remanded as accused. Petitioner Vishwanath Panjiyar @
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Vishwajit Kumar @ Bishu is said to be in judicial custody

since 06.11.2009 and petitioner Mithelesh Singh @

Mithilesh Kumar Singh is said to be in judicial custody

since 10.11.2009.

Be that as it may, in the facts and

circumstances let the above named petitioners of both

cases 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 Mr. Rajiv Kumar, J.M. Ist Class, Patna

in Gandhi Maidan P.S. Case No. 346 of 2009 subject to the

conditions :

(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
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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/