IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35119 of 2011 1.Manit Sahay @ Manjeet Sahay, Son of Sri Manoranjan Sahay. 2.Varun Sahay, Son of Manoranjan Sahay. Both R/o Mohalla Sagar Pokhara, Bettiah, P.S. Bettiah, District West Champaran. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------------ 03/- 01/12/2011 Heard Mr. Ansul learned counsel for the petitioners and Mr. Damodar Pd. Tiwary learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 168 dated 08/11/2011. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 307, 387, 323, 324, 326, 341, 447/34 of the Indian Penal Code, are named accused in this case of assault to the informant. Submission is that there is general and omnibus allegation and except presence of the petitioners at the spot and except alleged demand of Rs. 20,000/- by petitioner no. 1, there is nothing specific against them. During investigation also, there appears nothing to support such thing including the injury report which could not be obtained by the Investigating Officer in spite of his several attempts as appears from different paragraphs of the case diary. The investigation is still going on. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of charge-sheet, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Town P.S. Case No. 427 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation/submission of charge-sheet and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)