IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14825 of 2011 Ram Vilash Singh, Son of Late Fakira Singh, Resident of Village Rahatpur, P.S. Ballia, District Begusarai. --------Petitioner Versus The State Of Bihar ------Opposite Party --------------- With Criminal Miscellaneous No.22657 of 2011 Murari Singh, Son of Sri Ram Bilash Singh, Resident of Village Rahatpur, P.S. Ballia, District Begusarai. -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 03/- 20.09.2011 Since both these applications are arising out of one case being heard together and disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. Learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner of Cr. Misc. No. 22657 of 2011 as petitioner has already been apprehended. Permission is granted. Accordingly, this application (Cr. Misc. No. 22657/2011) with respect to petitioner, namely, Murari Singh in connection with Nayagaon P.S. Case No. 42 of 2010, pending in the court of Chief Judicial Magistrate, Begusarai stands disposed of as withdraw as having become infructuous. The petitioner (Cr. Misc. No. 14825/2011) apprehends his arrest in connection with a case registered for the offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code, is one of the named accused in this case with allegation that from his place the father of the informant in injured state was brought where he was also assaulted and again taken back near Bandh of Kauakole. Only on getting information, the informant arrived there and brought her father to hospital, where he died during treatment. Submission is that the informant, if entire statement is taken to be true was eye-witness only for initial occurrence of taking his father by non-petitioners, and thereafter, there is nothing to show that how he came to know about further details nor there is anything in the case diary rather the informant himself by filing an application admits the above state of affairs of being eye-witness of only initial occurrence exonerating the petitioner even in subsequent protest complaint petition. Considering the facts and circumstances of the case, in the event of the informant appearing before the court below accepting the contents of the petition filed on his behalf exonerating the petitioner and also stood as one of the bailors, 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, Begusarai, in connection with Nayagaon P.S. Case No. 42 of 2010, 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 on each and every date at least for two years or till disposal of the case, whichever is earlier, 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.)