IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21873 of 2011 1.Sabir Ahmad, Son of Md. Ozir. Resident of Village Chainpur Dhaka, P.S. Dhaka, District East Champaran. 2.Ziyaul Haque @ Jiyaul Haque, Son of Border Saheb. Resident of Village Kathamaliya, P.S. Sikarganj, District East Champaran. -------Petitioners Versus The State Of Bihar -----Opposite Party --------------- 03/- 24/11/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 58 dated 26/06/2011. The two petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act, are named accused in this case with allegation of using explosive substance and assault to informant and one Sagir Ansari. Submission is that due to previous enmity between the parties, petitioners have been falsely implicated in this case. Moreover, during investigation, there is nothing to show any presence or use of explosive materials and the injuries sustained are simple in nature caused by hard and blunt substance contrary to the allegations levelled. Considering the facts and circumstances of the case, 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 Judicial Magistrate, 1st Class, Motihari, District East Champaran, in connection with Trial No. 1607 of 2010, arising out of Dhaka P.S. Case No. 82 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier and 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.)