1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33831 of 2011 1. Khuti Yadav S/o Late Sheo Pujan Yadav 2. Ashok Yadav S/o Sri Vishwanath Yadav 3. Yashwant Kumar Yadav S/o Sri Khuti Yadav 4. Rajesh Yadav S/o Laxman Yadav 5. Kanhaiya Yadav S/o Sri Achchey Lal Yadav 6. Ramesh Yadav S/o Sri Lallan Yadav 7. Satendra Yadav S/o Sri Kamal Yadav 8. Lorik Yadav S/o Sri Dwarika Yadav 9. Awadhesh Yadav S/o Sri Vishwanath Yadav 10. Ritesh Yadav S/o Sri Vishwanath Yadav --Petitioners Versus The State Of Bihar --Opp.Party 3 15.12.2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. All the ten petitioners are named accused in this case with allegation of assault to son of the informant resulting into his death during treatment. Submission is that immediately after injury sustained by the deceased, informant rushed to Buxar Hospital from where in his earliest statement it emerges that the victim sustained injury by fall and he has not to lodge any case against any one. Such statement was recorded in register and filed as Annexure-2 of this application. Since deceased left the world the informant, due to previous enmity, falsely implicated the petitioners in this case. Learned counsel appearing for the informant is not specifically in a position to either admit or refute Annexure-2. Investigation is still pending against the petitioners. In view of the above, the petitioners, till conclusion of investigation or submission of charge sheet, in the event of arrest or surrender within four weeks, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in Muffasil P.S. Case no.167 2 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioners shall remain present before the court below till conclusion of investigation or submission of charge sheet. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)