IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27093 of 2011 1.Kumar Gaurav @ Gaurav, Son of Sri Mahabir Prasad Akela. 2.Rohit Agrawal @ Rohit, Son of Late Om Prakash Agrawal. Both resident of Mohalla New Area, P.S. Aurangabad (T), District Aurangabad. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------- 03/- 13.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The two petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, are named accused in this instituted on information about killing of the son of the informant but on merely suspicion due to earlier dispute relating to eviction of shops. Submission is that roughly one and half years ago there appears some dispute for eviction and since thereafter nothing emerged during investigation showing any lights towards the involvement of the petitioners in the entire episode. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph – 74 dated 16.08.2011 could not be able to refute the above submissions nor pointed out anything specific. Considering the facts and circumstances of the case, till conclusion of the investigation, 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, Aurangabad, in connection with Aurangabad (T) P.S. Case No. 16 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation and 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.)