IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21079 of 2010 1. KARU SAO, son of late Rameshwar Sao 2. Pramod Sao @ Amit Kumar, son of Sri Karu Sao. Both residents of Mohalla Talimpur, P.S. – Barh in the district of Patna. ------------------- Petitioners. Versus THE STATE OF BIHAR ------------ Opposite Party. ------- 02. 25.06.2010 Heard learned counsel for the petitioners and State. Supplementary affidavit has been filed on behalf of the petitioners who are named accused in connection with Barh P.S. Case No. 186 of 2009 for offences under Sections 147, 148, 149, 448, 323, 325 and 307 of the Indian Penal Code and subsequently section 302 of the Indian Penal Code was also added. During the course of investigation their names emerged. However, it appears that police after investigation finding them innocent submitted final form. Though charge sheet was submitted. The court below on taking a different view took cognizance for the offence, the co-named accused Pradip Kumar @ Pradip Sao appears to have been granted privilege by this court by the order dated 17th March 2010 in Criminal Miscellaneous No. 3134/2010. Taking into consideration and in the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Karu - 2 - Sao and Pramod Sao @ Amit Kumar, are directed to be released 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, Patna, in connection with Barh P.S. Case No. 186/2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to attend the court during trial on each and every date at least for two years or till conclusion of the trial whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)