IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23428 of 2009 1. RAJ KUMAR MAHTO 2. BHUJO MAHTO ….. PETITIONERS Versus 1. THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 15.09.2009 Heard both sides. Petitioners, who are brothers, have approached this Court apprehending arrest in connection with a case instituted under Sections 302/34 of the Indian Penal Code. The younger brother of the informant was found killed inside the house. The informant reached his house on getting information, and thereafter lodged this case, naming as many as 12 accused persons including the two petitioners herein. They have thus been named as accuseds based on suspicion. It is contended that three accused persons namely Binod Mandal, Karu Mandal and Jharu Mandal @ Dharmendra Kumar, have been granted anticipatory bail by this Court under order dated 5.8.2009, passed in Cr. Misc. No. 23274 of 2009. The copy of the order handed in is placed on record marked ‘M’. Learned counsel submits that so far as the present petitioners are concerned, the investigation is still going on. 2 Learned A.P.P. opposed the prayer and submitted that there are materials in the case diary that implicate the petitioners. Having considered the submissions, this Court is also persuaded to grant the same privilege to the petitioners. Let the petitioners appear and surrender within four weeks in the court below from today. On their such surrendering they shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 91 of 2009, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. as also subject to the following conditions:- (i) One of the bailors should be the own/ close family members of the petitioners. (ii) No sooner the charges are framed in the case, the petitioners shall appear on each dated fixed at the trial. In case, of default in such appearance on two 3 consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)