IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34127 of 2010 1. Suresh Mushar, son of late Sagar Mushar 2. Mahendra Mushar, son of late Ram Nath Mushar Petitioners Versus THE STATE OF BIHAR OP ----------- 07.12.2010 Heard learned counsel for the petitioners as well as learned P.P. for State. Petitioners, namely, Suresh Mushar and Mahendra Mushar seek their bail in connection with Sheosagar P.S. Case No.137 of 2010 , registered under Sections 395 of the I.P.C. Petitioners are named in the First Information Report and it is stated that petitioner no.1 was identified by the informant while he was committing dacoity in the house of the informant, and so far as petitioner no.2 is concerned, it is stated that the dacoits were uttering the name of petitioner no.2. Although, learned Additional Sessions Judge has mentioned in his impugned order that the petitioners were arrested by the police and villagers after chasing them after the alleged occurrence but neither petitioners were arrested on the spot nor they 2 were caught by villagers while they were fleeing away from the place of occurrence. Paragraph 4 of the Case Diary reveals that when police party reached in the village of the petitioners, they started fleeing seeing the police party, and thereafter, they were arrested. It is also an admitted position that neither any looted articles have been recovered from the possession of the petitioners nor they have any criminal antecedents as referred by Officer Incharge of Sheosagar Police Station vide Memo No.1091 of 2010 dated 03.11.2010. Learned counsel for the petitioners submits that as a matter of fact, petitioner no.1 was labourer of informant and there was some dispute in respect of payment of wages. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, above named petitioners, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S. 3 Case No.137 of 2010 subject to condition that one of the bailor must be a close relative of the petitioners, and furthermore, the petitioners shall attend the Trial Court in person on each and every date for the period of nine months and if they fail to do so without any valid reason, the learned Court below shall be at liberty to cancel the bail bonds of the petitioners. Ashwini/- ( Hemant Kumar Srivastava, J.)