IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18802 of 2010 1. TOOFAN SAHNI, son of Late Pathalu Sahani, resident of village – Jaukatia Bada, Malahi Tola. 2. Lal Babu Yadav, son of Late Bharosi Yadav, resident of village – Jaukatia Chhota Malahi Tola. Both of P.S. – Majhaulia, District – West Champaran. ------------ Petitioners. Versus THE STATE OF BIHAR ----- Opposite Party. ------- 03. 11.08.2010 Heard learned counsel for the two petitioners and learned Additional Public Prosecutor for the State. The petitioners are named accused in this case along with another but after investigation police submitted charge sheet exonerating the petitioners taking different view, learned Chief Judicial Magistrate took cognizance. Petitioner no.1 Toofan Sahni carries specific allegation as per fardbeyan of being order giver and at his dictates petitioner no.2 shot at the informant but it could not hit, meanwhile, uncle of the informant intervened who was shot dead by another accused non- petitioner. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, (1) Toofan Sahni and (2) Lal Babu Yadav, are directed to be released 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, Bettiah, in connection with Majhoulia P.S. Case No. 198/2006, subject to condition laid down under Section 438(2) of the Criminal - 2 - Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)