IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12496 of 2010 1. Yogendra Dhangar 2. Jawahir Dhangar Both sons of Maharaj Dhangar, resident of Village- Palanawa, P.S. Palanwa, District-East Champaran. …..Petitioners. Versus The State of Bihar ……………………..Opposite Party. For the petitioners :- Mr. Sanjeev Kumar No.1, Advocate. For the State :- Mrs. Promoti Singh, A.P.P. ----------- 2. 10. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 307, 379, 324 and some other minor and bailable offences under Indian Penal Code, the petitioners along with co-accused Lorik Dhangar are specifically named in the F.I.R. as accused. Though primal role for committing the crime in question is against co- accused Lorik Dhangar, but the petitioners are also alleged to have assaulted the informant by lathi. It is submitted by the learned counsel for the petitioners that during the course of investigation, independent witnesses did not support the prosecution allegation against the petitioners and therefore, they have not been charge sheeted in the present case. Final Form vide Annexure-2 was submitted by the Police in the year 2003 itself, wherein co-accused Lorik Dhangar alone was charge sheeted. Learned Magistrate disagreed with the Police report and has taken cognizance against the petitioners also. In the facts and circumstances of the case and in view of the fact that petitioners were not charge sheeted by the Police, in the 2 event of their arrest/surrender in connection with Palanwa P.S. Case No. 21 of 2003, within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further conditions; (a) that one of the bailors must be Govt. servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) The petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. m.p. ( Birendra Prasad Verma, J.)