IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19741 of 2011 1. Md. Abdul Rahim, S/o- Late Sakoor Mian 2. Md. Allauddin, S/o – Md. Abdul Fahim 3. Abdul Talib, S/ o – Late Sakoor Mian All are resident of village Bathna Dih, P.S. – Karja, Distt. – Muzaffarpur. ------- Petitioners. Versus The State Of Bihar -----Opposite Party With Cr.Misc. No.13338 of 2011 1. Md. Zainul Abedin @ Md. Jainul Abedin, S/o – Late Sahid Mian 2. Md. Munna, S/o – Md. Jainul Abedin 3. Lal Babu @ Lalba Md. Lal Babu, S/o – Ishaque Mian. All are resident of village – Bathna Dih, P.S. – Karja, District – Muzaffarpur. --------- Petitioners. Versus The State Of Bihar ----Opposite Party For the petitioners : Mr. Shashi Bhushan Singh, Adv. For the State : Mr. Damodar Pd. Tiwary, APP ***** 03. 29.07.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both these applications arising out of one case are heard together and being disposed of by this composite order. The petitioners apprehending their arrest in connection with Karja P.S. Case No. 69/2010 for the offences under Section 436 of the Indian Penal Code. All the six petitioners are named accused in this case with allegation of putting house of the informant under fire due to previous continued enmity and after giving threat to do so. None has seen anyone committing the crime, though as stated in First Information Report, The informant 2 after awoking due to heat of fire could only see the petitioners who have their houses nearby the place of occurrence fleeing away. It is also submitted that the informant has his Pucca residential house, but the fire broke in abandon nearby hut at the instance of prosecution side just to falsely implicate the petitioner. Further submission on behalf of informant is that the petitioners were earlier enlarged on bail in a case bearing Karja P.S. Case No. 62/2010 and within short span of being released on bail and such wrong was committed. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, (West) Muzaffarpur, in connection with Karja P.S. Case No. 69/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for three years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)