IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12397 of 2011 1.Indradeo Rai, Son of Late Jamun Rai. 2.Urmila Devi, Wife of Indradeo Rai. 3.Fakira Rai. 4.Arjun Rai. 5.Jabahir Rai. All Sons of Late Ram Ashish Rai. 6.Akhilesh Rai, Son of Fakira Rai. 7.Sudhir Rai, Son of Jabahir Rai. All resident of Village Simara, P.S. Mahnar, District Vaishali. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party -------------- 03/- 14.09.2011 Heard Mr. Naresh Chandra Verma learned counsel for the petitioners and Mr. Sanjay Kumar Singh learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. All the seven petitioners apprehend their arrest in connection with a case registered for the offence punishable under Section 436/34 of the Indian Penal Code, are named accused in this case with allegation of putting the hut of the informant under fire at about midnight. Submission is that there is land dispute between the parties. There is counter version also by way of Mahnar P.S. Case No. 50 of 2010, instituted at the instance of petitioner no. 1 and there was no hut of the informant, who himself put the hut of the petitioners under fire. Learned Additional Public Prosecutor, who is armed with case diary i.e. Mahnar P.S. Case No. 49 of 2010 and Mahnar P.S. Case No. 50 of 2010 pointed out that place of occurrence of both the cases are common. 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 Chief Judicial Magistrate, Vaishali, in connection with Mahnar P.S. Case No. 49 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to petitioner nos. 1, 3, 4, 5, 6 & 7 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.)