IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29340 of 2010 1.RAJESH KUMAR @ RAJESH CHAUDHARY 2.ALBELA CHAUDHARY Both are sons of Shree Jawahar Chaudhary, Resident of Village Sikatia Machhargavar, P.S. Bagaha, District West Champaran …….Petitioners Versus THE STATE OF BIHAR ………Opposite Party ----------- 03. 24.08.2010 Heard learned counsel for the two petitioners and Additional Public Prosecutor for the State. Perused supplementary affidavit, filed on behalf of the petitioners. Petitioners are named accused in this case carry allegation of being member of an unlawful arm assembly, one of the members of which Manoj Bhagat shot at the brother of the informant followed by indiscriminate firing by his associates. Injured statements appears recorded in Para 27 of the case diary by way of the fardbeyan recorded at P.M.C.H., Patna produced with counter affidavit indicates that he has named as assailants, only Manoj Bhagat though stated about presence of others unknown. 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.Rajesh Kumar @ Rajesh Chaudhary & 2.Albela Chaudhary, are directeded to be released on bail on furnishing bail bond of Rs. 2 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bagaha, West Champaran in connection Bagaha P.S. Case No. 430 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 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. Praveen (Akhilesh Chandra,J.)