IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27237 of 2011 1.Nandan Mahto@ Ram Nandan Mahto, Son of Babulal Mahto @ Babulal Mahto @ Babu Ram Mahto. 2.Sanoj Mahto @ Saroj Mahto, Son of Ram Nandan Mahto. 3.Pyare Mahto, Son of Govind Mahto. 4.Sanjay Mahto, Son of Pyare Mahto. All are residents of village Pachpaika (Mahathi), P.S. Ujiarpur, District Samastipur. ---------- Petitioners Versus The State Of Bihar. -------- Opposite Party ----------- 02/- 06.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the four petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code. Submission is that except petitioner no. 2, namely, Sanoj Mahto @ Saroj Mahto, other three petitioners have already been arrested by the police. So this application become infructuous as regard to petitioner nos. 1, 3 & 4, namely, Nandan Mahto @ Ram Nandan Mahto, Pyare Mahto and Sanjay Mahto. Further, submission is that police after investigation initially submitted charge-sheet against two other named accused and investigation was kept against remaining, but ultimately, finding no more evidence, submitted final form, however, taking a different view, cognizance have been taken. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner i.e. petitioner no. 2 be 2 enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai (District Samastipur), in connection with Ujiarpur P.S. Case No. 2 of 2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for three years or till disposal of the case, whichever is earlier, 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.)