IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23145 of 2010 1. NILESHANAND SON OF RAM NARESH TIWARY 2. SANTOSH KUMAR SON OF RAM NARESH TIWARY, BOTH RESIDENTS OF VILLAGE NARAYANPUR, P.S. MAHUA, DISTRICT VAISHALI. – PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 21.07.2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered for offences under section 307/34 of the Indian Penal Code as also under section 27 of the Arms Act. In the F.I.R. the petitioners as also their father, co-accused Ram Naresh Tiwary, have been specifically named as accused. However, on close of investigation charge-sheet dated 30.09.2002 vide Annexure-2, was submitted only against co-accused Ram Naresh Tiwary and the petitioners were not charge- sheeted. Learned Chief Judicial Magistrate also accepted the aforesaid final form and took cognizance only against co-accused Ram Naresh Tiwary by order dated 03.12.2002, but the cognizance was not taken against these two petitioners. When the trial of the accused, Ram Naresh Tiwary was taken up, some witnesses are said to have disclosed the name of these two petitioners also showing their complicity in commission of crime in question and on basis of which, by order dated 25.08.2009, vide Annexure- 2 5, the petitioners have been summoned by learned trial court in exercise of its power under section 319 Cr. P.C. Taking into consideration the aforesaid facts and circumstances, it is directed that in the event of their arrest or surrender in the court below within a period of four weeks from today the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Hajipur in connection with S.Tr. No. 523 of 2003/ 220 of 2009, arising out of Mahua P.S. Case No. 126 of 2002 , subject to conditions as laid down under section 438(2) of the Cr. P.C. and subject to further conditions that : (A) one of the bailors must be government servant or close family members of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) the petitioners shall make regular pairvi in the court below 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 3 liberty to cancel the bail bonds of the petitioners. BTiwary ( Birendra Prasad Verma, J)