IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22063 of 2010 1. NARAYAN PRASAD 2. BHIM PRASAD Versus STATE OF BIHAR ----------- 2. 02.7.2010. Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Ekangar Sarai P.S.Case No.15 of 2010 for offence punishable under Section 307, 353, 333, 160/34 of the Indian Penal Code and section 25(1-B A, 26, 27 and 35 of the Arms Act. Learned counsel for the petitioners submits that the only allegation against these petitioners as set out in the first information report which has been instituted at the instance of the Sub Inspector of Police himself, is of firing at the police party who had gone in connection with an investigation of another case. He submits that though it is alleged that petitioner no.1 was firing at the police but no fire-arms was recovered from his possession though there is allegation of recovery of cartridges from the two petitioners. He further submits that according to the informant himself, the villagers had assisted the police party in apprehending the accused persons but the allegation itself becomes doubtful as, in fact, no independent witnesses came 2 2 forward to support the allegation. He further submits that the petitioners for the said set of allegations have remained in custody since 25.2.2010. Taking into consideration the circumstances and the submissions of the learned counsel for the petitioners, let petitioner no.1 Narayan Prasad and petitioner no.2 Bhim Prasad be released on bail upon each one of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa in connection with Ekangar Sarai P.S.Case No.15 of 2010, subject to the condition that (a) The petitioners would accept the police papers without any delay and shall be present in the court below on the date fixed for charge (b) If the petitioners fail to present themselves on two such given dates and try to delay the trial in any manner, the learned court below shall be at liberty to initiate proceedings for cancellation of the bail bond of the defaulting petitioner and for taking him into custody. ahk (Jyoti Saran, J.)