IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6502 of 2010 MD.ARIF ALI, SON OF MD. ARSHAD IMAM @ SHAUKAT ALI, RESIDENT OF BATA GALI SUBZI BAGH, P.S. PIRBAHORE, DISTRICT-PATNA……………………………………PETITIONER. Versus THE STATE OF BIHAR……………………..OPPOSITE PARTY. ----------- For the Petitioner : Mrs. Anjana Mishra and Mr. Nagendra Kumar, Advocates. For the State : Mr. U.S.P. Singh, A.P.P. ------------ With Cr.Misc. No.11685 of 2010 MD.JAVED, SON OF MD. VOLU, RESIDENT OF MOHALLA- SABJEEBAG, NEAR MASJID GALI, OPPOSITE CHAMAN MANZEEL, POLICE STATION-PIRBAHORE, DISTRICT- PATNA…………………………………………………PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Akhauri Kamal Kishore Sahay, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. ----------- 3. 13.4.2010. Both these cases arise out of the same Pirbahore P.S. Case No.313 of 2006. Thus, they have been heard together and are being disposed of by this common order. 2 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 302 and 120B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the petitioners are not named in the First Information Report, however, they have been falsely implicated in this case on the basis of the confessional statement of the co-accused, Md. Nazim alias Dabblu alias Dablu, after a lapse of two years from the date of occurrence. It has also been submitted that thereafter some witnesses have stated that they had seen the petitioners entering into the house of the deceased. Learned counsel submits that the aforesaid co-accused, namely, Md. Nazim @ Dabblu @ Dablu, had already been granted bail by a Bench of this Court vide order dated 28.10.2009 passed in Criminal Misc. No.36289 of 2009. Learned counsel for the petitioners produces the certified copy of the aforesaid order. Let it be kept on record. Having regard to the facts and the circumstances of the case, the petitioners, namely, Md. Arif Ali (in Criminal Misc. No.6502 of 2010) and Md. Javed (in Criminal Misc. No.11685 of 2010) are directed to be released on bail on their 3 furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Patna, in connection with Pirbahore P.S. Case No.313/06, with a further condition that the petitioners shall remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on two consecutive dates during the course of the trial in the court below without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan, J)