IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22246 of 2011 1. Lakhindra Singh, son of Late Julum Singh 2. Shyam Singh, son of Lakhindra Singh Both are resident of village – Mirzapur, P.S. – Vidyapathnagar, district – Samastipur. --------- Petitioners. Versus The State of Bihar ----Opposite Party ***** 03/- 23.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Vidyapati Nagar P.S. Case No. 77/2008 for the offences under Sections 302/201/34 of the Indian Penal Code. This case instituted on the recovery of dead body against unknown, petitioners’ name emerged roughly two years after such occurrence on mere suspicion. Submission is that except suspicion without any substantive support there is nothing against the petitioners. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary up to paragraph 145 dated 19.07.2011 could not refute the submission and point out any specific material showing implication of the petitioners. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur, in connection with Vidyapati Nagar P.S. Case No. 77/2008, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for three years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)