IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35832 of 2011 1.Sanjay Kumar Singh, Son of Tej Narayan Singh, resident of Village Narkatia, P.S. Darpa, District East Champaran. 2.Shailesh Kumar Singh, Son of Tej Narayan Singh, resident of Village Narkatia, P.S. Darpa, District East Champaran. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- 03/- 25/11/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 35 dated 03/10/2011. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code, are named accused in this case with allegation of arriving at the house of the informant to put pressure upon her father to transfer his share in their favour and on refusal assaulted by means of torch and a few days after he expired, only thereafter, the instant case was instituted. Submission is that there is absolutely none to support the prosecution story and the allegations levelled against the petitioners in fact the deceased failed down sustained some minor injuries like two bruise and since he was a cancer patient and under treatment for long, he died of such illness and all the witnesses during investigation including husband of the informant has stated such aspect. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners 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, East Champaran at Motihari, in connection with Darpa P.S. Case No. 46 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)