IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41362 of 2008 1. MAHENDRA SINGH 2. Etbari Singh ……………………………………. Petitioners Versus STATE OF BIHAR ----------- 3. 28.11.2008 Heard the learned Counsel for the petitioners and the learned counsel for the State. The petitioners apprehend arrest in a Police case under Sections 302 and 201/34 of the Penal Code. The submission is that the petitioners are not even family members but co-villagers. The allegations are general and omnibus. There is no eye witness. Learned Counsel for the informant submits that it was petitioner no. 1 who had taken the deceased to the matrimonial home of the latter when he is stated to have been killed and the body never found. He is however unable to point out anything from the case diary with regard to any overt act or suspicion against the petitioners beyond that pointed out above. Counsel for the State submits from the case diary that the petitioners are alleged to have assisted in disposal of the body. He however fairly states that there is no material in the case diary with regard to death of the deceased or the cause of death. Charge sheet has already been submitted. This Court can only express surprise on the manner in which charge sheet has been submitted. If the investigation has been completed no useful purpose shall be served by rejecting this application for anticipatory bail. Having considered the facts and circumstances of the case, let the petitioners, above named, surrender in the court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Munger in Asarganj PS Case No. 19 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners shall bear the photographs and proof of residence of the bailors. The petitioners shall be required to be properly represented on each date in the trial and their physical appearance on the dates that the court below shall fix so that the trial may be concluded expeditiously. In the event of the petitioners violating either of the two conditions the court below shall be at liberty to cancel their bail bonds so that the trial may proceed expeditiously. Snkumar/- (Navin Sinha,J.)