IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31811 of 2011 1.Krishna Yadav, Son of Late Akshaiber Yadav. 2.Ram Pravesh Yadav, Son of Late Ramashish Yadav. Both R/o Village Akhatiyarpur, P.S. Parasbigha, District Jehanabad. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- 05/- 08/12/2011 Supplementary affidavit has been filed on behalf of the petitioners. Heard Mr. Sakeel Ahmad Khan, Mr. Nand Kishore Prasad and Mrs. Archana Kumari, learned counsel for the petitioners and Mr. Manoj Kumar – 1, learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 51 dated 09/01/2007. Both the petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 504 & 302 of the Indian Penal Code and Section 27 of the Arms Act, are named accused in this five years old case of fire arm injury caused to one Geeta Devi. Submission is that earlier police after investigation submitted charge-sheet against others exonerating the petitioners, wherein, cognizance was taken only against the persons recommended by the police. Subsequent to that, on prayer of the police further investigation was initiated, whereafter, the police submitted final form exonerating the petitioners but taking a different note, cognizance has been taken. Considering the facts and circumstances of the case, 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 Judicial Magistrate, Ist Class, Jehanabad, in connection with Parasbigha P.S. Case No. 78 of 2005, 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 disposal of the case 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.)