IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20733 of 2011 1.Munnilal Sah @ Bunnilal Sah, Son of Salik Sah. Resident of Village Kukra, P.S. Shikarpur, District West Champaran. 2.Nazmul Mian, Son of Bashir Mian. Resident of Village Inerwa Bazar, P.S. Inerwa, District West Champaran. -------Petitioners Versus The State Of Bihar -----Opposite Party ---------------- For the Petitioners :- Mr. Jitendra Narayan Sinha, Adv. For the State :- Mr. Uma Shankar Prasad Singh, A.P.P. ----------------- 03/- 27/09/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 413 and 414 of the Indian Penal Code, are named accused in this case being owner and driver of Tractor-Trolley, which was loaded with food grains found within boundary of Indian territory. Submission is that neither any intention of the petitioners was to cross the boundary nor there is any material to show that they ever proceeded towards Nepal border. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Inerwa P.S. Case No. 21 of 2011, 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 till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)