IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38929 of 2010 1.KAILU YADAV S/o Late Adhik Lal Yadav. 2. Bijendra Yadav S/o late Bindeshwar Yadav. 3. Ranjit Yadav son of Kailu Yadav. All resident of village-Goutam Nagar, Gangjala, Ward No. 12, Kilu Chowk, P.S.-Saharsa Town, District-Saharsa. Versus STATE OF BIHAR ----------- 2 19.11.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are in custody in connection with Saharsa P.S. Case No 369 of 2007 for the offence punishable under Sections 364/34,302,201/34 of the Indian Penal Code. Learned counsel submits that these petitioners are not named in the F.I.R and that the three named accused have been granted bail by this Court. He further submits that the police during the course of investigation has also filed an application under Section 319 of the Code of Criminal Procedure but the application was rejected by the Sessions Court. He thus submits that in the circumstance that the arrest of the petitioners is on the basis of circumstantial evidence, their continuation in 2 incarceration in the given circumstances requires consideration. Considering the submissions of the learned counsel, let the petitioners namely,(1)Kailu Yadav, (2)Bijendra Yadav, and (3) Ranjit yadav, be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,Saharsa in connection with Saharsa P.S. Case No 369 of 2007, subject to the condition each of these petitioners shall co-operate in the trial and shall ensure their representation before the Court below on each and every date fixed in the case and the failure on the part of the petitioners to ensure their representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would confer liberty on the Court concerned to initiate proceeding for cancellation of bail bonds of the defaulting petitioner(s) and to take him into custody. Prakash (Jyoti Saran, J.)