IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19512 of 2009 MD. BOUDHU @ MD. BADHU, Son of Late Md. Shakur, R/o Vill. – Chhoto Baliya, P.S. Baliya, Distt. – Begusarai … Petitioner Versus THE STATE OF BIHAR …………………….….. Opposite Party. with Cr. Misc. No. 19996 of 2009 MD. NASIM, son of Noor Mohammad, R/o Village – Chhoti Balia, P.S. – Balia, Distt. – Begusarai ………………………… Petitioner Versus THE STATE OF BIHAR ………………………..… Opposite Party. -------------- For the Petitioners:- Mr. Sanjeev Kumar, Advocate (In Cr. Misc. No. 19512/2009) Mr. M. Nasrul Hoda Khan and Mr. Irsad, Advocates. (In Cr. Misc. No. 19996/2009). For the State:- Mr. R.P.S. Singh, A.P.P. (In both cases). -------------- 7. 15.12.2009. Since both the cases emanate from the same P.S. Case, i.e. Kiul Rail P.S. Case No. 63 of 2008 / G.R.P. Kiul P.S. Case No. 63 of 2008, they have been taken up together and are being disposed of by this common order. Heard learned counsels for the petitioners and learned A.P.P. appearing on behalf of the State. Petitioners seek bail in a case registered under Sections 328, 379, 411, 307/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that altogether five witnesses have been examined and none of them have supported the prosecution case including the informant, who along with two other witnesses have been - 2 - declared hostile. Learned counsels for the petitioners have filed supplementary affidavits appending therewith copies of depositions of P.Ws. 1, 2 & 5. It is submitted that both the petitioners are in custody since 11.11.2008. Learned counsel for the State submitted that there has been recovery of Activan tablets and looted money from the house of the petitioners, however, this is also a fact that the material witnesses have become hostile. Having regard to the facts and circumstances of the case, I direct the petitioners of both applications, namely, Md. Boudhu @ Md. Badhu and Md. Nasim to be released on bail on their furnishing bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, F.T.C. II, Lakhisarai in connection with Kiul Rail P.S. Case No. 63/08 / G.R.P. Kiul Rail P.S. Case No. 63/08, G.R. No. 137 of 2008, (Sessions Trial No. 203/09), subject to the conditions that one of the bailors for each of the petitioners must be either his family member or close relative, who shall swear an affidavit before the concerned court giving - 3 - complete genealogy showing his relationship with the petitioner(s). It is also made clear that the petitioners shall cooperate in the trial and, if the petitioners, after their release in these cases, again involve themselves in a criminal case of similar nature; it would be open for the concerned court to take steps for cancellation of the bail bonds of the petitioner(s). Further, the petitioners shall remain present during trial on each and every date failing which the concerned court would be at liberty to take steps for cancellation of their bail bonds. dk ( Dr. Ravi Ranjan, J. )