IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17943 of 2011 1.NAUSAD @ BHAKU son of Sekh Musa 2.Md. Alam son of Md. Bhikhari Both are residents of village-Mughalpura, P.S.-Mehsi, District-East Champaran. Versus THE STATE OF BIHAR ----------- 2. 15.6.2011. Heard learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State. Two petitioners, who are in custody in Sessions Trial No.176 of 2011 arising out of Mehasi P.S.Case No.100 of 2010 for the offences under sections 302 and 201/34 of the Indian Penal Code, have prayed for grant of bail. It appears from the materials on record that both the petitioners have been made accused on the basis of circumstantial evidence. Learned counsel for the petitioner submits that the petitioners were made accused only on the ground that they were lastly seen with the deceased. From the order passed by the learned Additional Sessions Judge, East Champaran, Motihari it also appears that it is a case of circumstantial evidence. In view of the facts and circumstance of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, East Champaran, Motihari in connection with Sessions Trial No.176 of 2011 arising out of Mehasi P.S. Case No.100 of 2010 on a condition that (i) one of the bailors should be their close relative and (ii) on 2 each and every date during evidence both the petitioners shall remain physically present failing which their bail bonds shall stand automatically cancelled. However, in special exigency, with prior permission of the trial court, the petitioners can remain absent on a particular date. Md.S. ( Rakesh Kumar, J.)