IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10858 of 2010 1. Ramjee Sah, son of Jay Kishun Sah 2. Ram Prasad Sah, son of Late Bhagwat Sah 3. Sahdeo Kumar @ Sahdeo Sah, son of Garib Sah All resident of Village- Raghunathpur, P.S. Sour Bazar, District- Saharsa. ………………………….Petitioners. Versus The State of Bihar ………………………….Opposite Party. ----------- 2. 23. 04. 2010. Heard Mr. Krishna Prasad Singh, learned senior counsel appearing on behalf of the petitioners and Mr. Jitendra kumar Singh, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Sour Bazar P.S. Case No. 12/07 dated 19. 01. 2007 giving rise to S. Tr. No. 120/07 registered under Section 302/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that in the F.I.R. Petitioner No. 1 was named as an accused and Petitioner Nos. 2 and 3 were not named in the F.I.R. as accused. However, on close of investigation, Police submitted Final Form vide Annexure-2 and petitioners were not sent up for trial, though co-accused Bhavesh Sah was sent up for trial. When the trial proceeded against co-accused Bhavesh Sah, then at the fag end of trial a petition under Section 319 Cr.P.C. was filed. Accordingly, summons were issued against the petitioners in the present case for facing trial. In view of aforesaid background and in view of the fact that the petitioners were not charge sheeted in the case and 2 summons have issued under Section 319 Cr.P.C., in the event of their arrest/surrender within a period of four weeks from today, the petitioners, namely, Ramjee Sah, Ram Prasad Sah and Sahdeo Kumar @ Sahdeo Sah, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. III, Saharsa, in connection with Sour Bazar P.S. Case No. 12/2007 giving rise to S. Tr. No. 120/2007, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further condition ; (a) that one of the bailors must be Government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioners. © The petitioners shall make regular pairvi in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. m.p. ( Birendra Prasad Verma, J.)