IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2209 of 2010 1. Ramesh Prasad @ Ramesh Kumar 2. Santosh Prasad @ Santosh Kumar, all sons of Dhanilal Prasad, All residents of village Manarpur, P.S. Govindganj, District East Champaran at Motihar Versus STATE OF BIHAR 03/ 26.04.2010 Heard Dr.Amrendra Kumar and Sri Uma Shankar Verma, counsel for the petitioners as also the State. It appears, earlier attempt of the petitioners for grant of bail in the event of arrest was refused under orders dated 12.9.2007,passed in Cr. Misc. No. 31280 of 2007, Annexure-1, although final form was submitted against them, vide report dated 31.8.2007, but such fact could not be brought to the notice of this Court on 12.9.2007 and they were directed to appear before the court below and apply for regular bail, which was to be considered in the light of the findings recorded in the post-mortem report, Annexure-2 to Cr. Misc. No. 31280 of 2007. Learned counsel for the petitioners submitted that later on the basis of the protest petition, cognizance has been taken under orders dated 17.11.2008 and petitioners have also been summoned and they are apprehending their arrest. Having heard counsel for the petitioners and the State, I am of the view that as petitioners were not sent up for trial under report dated 31.8.2007 and have been summoned only on the basis of the protest petition, the court below should admit the petitioners above named to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount - 2 - each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Gobindganj P.S. Case No. 27 of 2007. Arjun/ (V.N. Sinha, J.)