IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25487 of 2011 1. Md. Izhar, son of late Emdad 2. Murshida Khatoon, W/o - Md. Ezhar Both residents of village – Sitanabad North, P.S. – Bakhtiarpur, District – Saharsa. --------- Petitioners. Versus The State of Bihar -----Opposite Party ******** 04. 21.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Bakhtiarpur P.S. Case No. 81/2003 for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, are named accused in this eight years old case. Submission is that there was absolutely no material against the petitioners, but against order of cognizance petitioners preferred Cr. Misc. No. 8514/2005 under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 28.10.2003, wherein vide order dated 25.07.2005, interim relief to the petitioners was granted. Subsequently, recently vide order dated 18.08.2010, the above Criminal Miscellaneous was disposed of finding nothing to interfere. Further submission is that trial of co-accused is going on and case against the petitioners is practically at initial stage and event during trial the witnesses examined are not supporting the prosecution case. Taking into consideration especially the delay of eight years caused due to pendency of proceeding before this court, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Gaurav Anand, Judicial Magistrate, Saharsa, in connection with Bakhtiarpur P.S. Case No. 81/2003, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)