IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3907 of 2011 1. Narayan Chandra Mandal, S/o late Anirudh Mandal. 2. Gopal Mandal, S/o Shiv Charan Mandal. Both R/o Village Bhatabari, P.S. Pipra, Dist. Supaul. 3. Ashwani Kumar Mandal @ Ashwani Kumar, S/o Indradeo Mandal, R/o Village Tatriyahi, P.S. Pipra, Dist. Supaul. -------- Petitioners Versus The State of Bihar ------- Opp. Party ---------- 4 14.12.2011 Heard learned counsel for the parties. The prayer for bail of the petitioners was earlier rejected by a reasoned order dated 17.12.2009 in Cr. Misc. No. 39792 of 2009. Learned counsel for the petitioners submits that the petitioners have remained in custody in connection with the present case for a period one and half years approximately out of which they are in continuance confinement from 19.11.2010. Learned counsel for the petitioners would also submit that the co-accused Mritunjay Mandal @ Mritunjai Kumar and Budhan Mandal @ Ram Bhadra Mandal, having identical allegation, have also been released on bail by order dated 5.4.2011 in Cr. Misc. No. 6993 of 2011 on the basis that there was a general allegation of assault leading to no external or internal injury. 2 Though this Court would find the order dated 5.4.2011 having passed in ignorance of the order dated 17.12.2009 wherein the injury aspect has been noticed at length and in the resultant enquiry the dubious role played by the doctors have also been exposed but, taking into account the period of confinement of the petitioners in jail, this Court would direct for release of the petitioners, namely, Narayan Chandra Mandal, Gopal Mandal and Ashwani Kumar Mandal @ Ashwani Kumar on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-II, Supaul in connection with S.T. No. 12 of 2010 arising out of Pipra P.S. Case No. 125 of 2009, subject to the following conditions:- (i) The two bail bonds will be furnished, 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 3 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 are allowed. Rsh (Mihir Kumar Jha, J.)