IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15868 of 2011 Ajay Sao @ Ajay Kumar, son of Shri Ramdeo Sao, resident of village- Barha, P.S. Dumaria, District-Gaya. Versus The State Of Bihar ----------- 4. 16.08.2011 Heard learned counsel for the petitioner and for the State, who is armed with carbon/Xerox copy of the case diary. Petitioner is one of the named accused in this case that only on disclosure of apprehended accused persons who are none else but either the family members or relatives (close and distant) of the petitioner. Submission is that on the fateful day there was shradh/barkhi of mother of the petitioner and all invitees were assembled and they have been apprehended by police who could not succeed in catching hold of real culprits. One complaint case bearing No. 46 of 2011 has also been filed before the S.D.J.M., Sherghati at Gaya by Rajendra Sah, brother of the petitioner which is pending. Learned A.P.P. on the basis of statement recorded during investigation concedes that the last ritual of mother of the petitioner was going on. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of S.D.J.M., Sherghati, Gaya, in Dumaria P.S. Case No. 5 of 2011 subject to the condition laid down under Section 438(2) of the Code of Criminal procedure with additional condition to remain physically present before the court below till conclusion of investigation/submission of charge sheet whichever is earlier, in case of failure on two consecutive dated, without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. Ravi/- (Akhilesh Chandra, J)