IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40331 of 2010 1. DASRATH MANDAL son of Dhanni Mandal 2. Chaitu Mandal @ Ghaithu Mandal son of Dasrath Mandal 3. Siro Mandal, son of Dhanni Mandal All are resident of village- Binoba, P.O. Kaila Bara, Ismailpur, District- Bhagalpur. … Petitioners. Versus STATE OF BIHAR With Cr.Misc. No.40943 of 2010 RAJGIR MANDAL, son of Etbari Mandal resident of village- Pannuchak, P. S. Ghogha, District- Bhagalpur. …. Petitioner. Versus STATE OF BIHAR with Cr.Misc. No.41734 of 2010 CHANO MANDAL son of Dhani Mandal, resident of village- Binoba, P. S. Ismailpur, District- Bhagalpur. …. Petitioner. Versus STATE OF BIHAR ----------- 2. 12.01.2011 Heard learned counsel for the petitioners and counsel for the State. The prayer for bail of all the five petitioners was earlier rejected by this Court. Mr. Ranjan Kumar Jha as also Mrs. Rekha Prasad, learned counsel appearing on behalf of the petitioners have submitted that subsequent to the rejection of the prayer for bail of the petitioners, five witnesses have been examined in all and none of 2 them have supported the allegation as against these petitioners. They would also place reliance on the order of this Court dated 4.10.2010 in Cr. Misc. No. 22441 of 2010, order dated 10.11.2010 in Cr. Misc. No. 40473 of 2010 and order dated 22.12.2010 in Cr. Misc. No. 43735 of 2010 whereby and whereunder eight other co-accused having almost identical allegations are said to have been released on bail even when their prayer for bail was also rejected on an earlier occasion. Both the learned counsel for the petitioners have also impressed upon this Court that most of the petitioners have got no criminal antecedent and few of them have only one criminal case against them and in this context they have also relied on the order of this Court dated 4.10.2010 whereby and whereunder Dinesh Mandal even after having one more criminal case pending against him, was directed to be released on bail. Considering the aforementioned facts, this Court would direct for release of the petitioners, namely, Dasrath Mandal, Chaitu Mandal @ Ghaithu Mandal, Siro Mandal, Rajgir Mandal and Chano Mandal on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each 3 with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, IV Naugachia in connection with S. T. No. 121 of 2010 (arising out of Ismailpur P. S. Case No. 13 of 2009), subject to the following conditions:- (i) The two bail bonds will be furnished by each of the petitioners respectively, one by the Government servant and the other by a close family relative. (ii) The petitioners will remain present in course of trial on each and every day and their absence even for a single day would automatically entail the consequences of cancellation of their bail. (iii) The petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail. Subject to the aforementioned conditions, the prayer for bail of the petitioners is allowed. Kanchan/ (Mihir Kumar Jha, J.)