IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.156 of 2010 1. SILDHAR YADAV @ SRIDHAR YADAV S/O LATE NARAYAN YADAV, 2. HALDHAR YADAV, S/O LATE NARAYAN YADAV, 3. LAKHAN YADAV, S/O LATE NARAYAN YADAV, ALL R/O VILLAGE HARIPUR, P.S. BANKA, DISTRICT BANKA. Versus STATE OF BIHAR with Cr.Misc. No.45631 of 2009 1. GAUTAM YADAV, @ BUCHCHA YADAV, S/O SINHU YADAV, 2. GHOKA YADAV, S/O SINHU YADAV, BOTH R/O VILLAGE HARIPUR, P.S. BANKA, DISTRICT BANKA. Versus STATE OF BIHAR ----------- 3. 9.3.2010. Since both the bail petitions arise out of the same F.I.R., both petitions are being disposed of by this common order. Heard Mr. Ajay Mukherjee, lerned counsel for the petitioners and learned counsel for the State. Four petitioners in Cr. Misc. No.156 of 2010 and two petitioners in Cr. Misc. No.45631 of 2009 are in custody in connection with Amarpur P.S. Case No.40 of 2006 for the offence under Sections 302, 120(B)/201 of the Indian Penal Code. Allegation against the petitioners is that they were lastly seen with the deceased. As per first information report, it - 2 - appears that informant has stated that while he along with deceased was returning, all the petitioners stopped him and thereafter, the deceased never returned to his house. Subsequently, dead body was recovered by the police. During investigation, learned counsel for the petitioners submits that except the material indicating that petitioners were lastly seen with the deceased, nothing has been collected against them. Learned counsel for the State appears and opposes the prayer for bail. However, from the case diary, which was earlier called for, the learned State counsel is not in a position to inform the court as to whether any one had seen the occurrence or not. In view of the facts and circumstances, let all the aforesaid petitioners be enlarged on bail on their furnishing bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-III, Banka in Amarpur P.S. Case No.40 of 2006. - 3 - N.H./ Since the matter is old, it is necessary to direct all the petitioners to remain present in court on each and every date, failing which their bail bonds shall stand automatically cancelled provided that in special exigency, the petitioners can make a prayer before the court for prior permission for their none appearance on a particular date and the court below may examine such prayer on its own merit. With above condition and direction, the bail petition is allowed. ( Rakesh Kumar,J.)