IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20297 of 2011 Mantu Singh Versus The State Of Bihar ****** With Criminal Miscellaneous No.18456 of 2011 Gora Yadav @ Nagendra Yadav Versus The State Of Bihar ****** 04. 20.09.2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. Since both these applications arising out of one case are being heard together and being disposed of by this composite order. Both the petitioners, apprehending their arrest in connection with Udwantnagar P.S. Case No. 143/2010 for offences under sections 302/394/34 of the Indian Penal Code and Section 27 of the Arms Act, are named accused in this case of murder of husband of the informant, but only on some suspicion and hearsay evidence. Submission is that outcome of the investigation though establishes presence and participation of the deceased in Tilak ceremony of brother of the petitioner Gora Yadav @ Nagendra Yadav at his house, but thereafter, there are statement of some witnesses recorded in paragraph 46, 56, 58 and 67 to show that deceased left the place in another vehicle in the company of non-petitioner Jitendra Singh and others and thereafter he was found dead. It is further submitted that in spite of investigation and supervision of superior authorities yet no complete evidence showing involvement of the petitioner has come and on certain aspects direction has been issued to investigate about the innocence/implication of the petitioners. Learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary up to paragraph 54 dated 09.06.2011. It is also submitted that co-accused Jitendra Singh after apprehension has confessed his guilt, of course before police. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge sheet, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwantnagar P.S. Case No. 143/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to remain physically present before the court below till submission of charge sheet and on the dates fixed and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)