IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6257 of 2008 BHAJJU YADAV @ BHAJJU PRASAD YADAV, Son of Deopati Singh, Resident of Village Pachhatta, P.S. Boadh Gaya, District Gaya …….Petitioner Versus 1.STATE OF BIHAR 2.SRI ARUP BRAMHCHARI @ SWAMI JEE, Son of Sri Birinchi Pada Sarkar, Resident of I.I.T., Kharagpur, Quarter No. C/08, District Midnapur, West Bengal, Presently residing at Roor Institute Road, P.S. Boadh Gaya, District Gaya …….Opposite parties With Cr.Misc. No.1113 of 2008 BHANTE BODHI PALA, Son of Late Sri Pradip Ranjan Barua, Residing at Bodh Gaya, P.S. Bodh Gaya, District Gaya, Bihar …….Petitioner Versus 1.THE STATE OF BIHAR 2.SRI ARUP BRAMHACHARI @ SWAMIJEE, Son of Sri Birinchi Pada Sarkar, Permanently Residing at Quarter No. C/VIII, I.I.T. Kharkpur, P.O. Kharakpur, District Midnapura, West Bengal. …….Opposite parties 4/- 13.09.2010 Heard. Since both these applications arise out of one case i.e. Complaint Case No. 850 of 2007, Trial No. 2039 of 2007 pending in the Court of Sub-Divisional Judicial Magistrate, Gaya. The petitioners are named accused being Chief Priest and PRO of Bodh Gaya Temple Management Committee, carry allegation of cutting branches of holly tree commonly known as Mahabodhi tree. There is some - 2 - dispute regarding the period of cutting besides its purpose. Earlier one application under Section 482 of the Code of Criminal Procedure seeking quashing of the entire complaint by Cr. Misc. No. 57282 of 2007 was preferred, but has already been dismissed by this Court vide order dated 15.04.2010. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, Bhajju Yadav @ Bhajju Prasad Yadav (Cr. Misc. No. 6257/2008) and Bhante Bodhi Pala (Cr. Misc. No. 1113/2008), are directed to be released 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 Sub-Divisional Judicial Magistrate, Gaya in connection with Complaint Case No. 850 of 2007/Trial No. 2039 of 2007, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition 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 - 3 - on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra,J.)