1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26468 of 2011 With Crriminal Miscellaneous No.26801 of 2011 In both applications 1. Motilal Sah @ Motilal Prasad S/o Late Siyaram Sah 2. Nathuni Sah S/o Motilal Sah @ Motilal Prasad, Both R/o village-Dasauta, P.S. Sherwa, District-Parsa (Nepal). --Petitioners Versus The State Of Bihar --Opp. Party 4 24.11.2011 Heard learned counsel for the petitioners and learned counsel for the State. Since both these applications are related with each other though connected with two different cases bearing Inerwa P.S. Case no. 11 of 2010 and 15 of 2010, being disposed of by this composite order as the parties are same. Submission is that in earlier case one tractor and trailer loaded with chemical fertilizers were seized, case was instituted against unknown owner and driver of the vehicle whereas subsequent case has been instituted at the instance of undisputed owner of the vehicle with allegation that present petitioners got the vehicle for carrying rice etc. but instead thereof utilized the 2 AAhmad/ vehicle for other purposes but throughout in the investigation except statement of owner of the vehicle practically without support there is nothing and none of the two petitioners carry any criminal antecedent. If it is so, the petitioners in both cases, in the event of arrest or surrender within four weeks from today, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, District-West Champaran, in Inerwa P.S. Cases no. 11 and 15, both of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioners shall remain present before the court below till disposal of the case. If the petitioners fail to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) 3