IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36175 of 2010 1. JHAKARI SINGH @ JHAKARI KHARWAR, son of Khecharoo Kharwar, resident of village – Amhara, P.S. – Adhaura, District – Kaimur. 2. Lalmuni Singh @ Lalmuni Kharwar, son of Late Ghamari Kharwar, resident of village – Jhumardeo, P.S. – Chainpur, District – Kaimur. -------- Petitioners. Versus THE STATE OF BIHAR ---- Opposite Party. ------- 02. 29.10.2010 Heard learned counsel for the two petitioners and Additional Public Prosecutor for the State. Petitioners are named accused in this case along with 15 others with allegation of making discriminate firing causing death of brother of the informant. Police after investigation submitted charge sheet against six persons getting the investigation pending against remaining including the petitioners. It is submitted that during trial of other accused persons one petition under section 319 Cr.P.C. has also been filed before the trial court praying therein to summon the petitioners, but, matter is still pending. There is no order in spite of examination of three prosecution witnesses. Considering the facts and circumstances of the case, till submission of charge sheet - 2 - against the petitioners or any order on the prayer under section 319 Cr.P.C. by the trial court, in the event of their arrest/surrender before the court below within four weeks on receipt of the copy of this order, let the petitioners namely, Jhakari Singh @ Jhakari Kharwar and Lalmuni Singh @ Lalmuni Kharwar, are directed to 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 Chief Judicial Magistrate, Bhabhua, in connection with Adhaura P.S. Case No. 16 of 2009, subject to condition under section 438(2) of the Code of Criminal Procedure, additional condition to remain physically present before the court below on each and every date till submission of charge sheet, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)