IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31018 of 2009 1.GAUTAM MANDAL @ Gautam Kr. Mandal son of Singheshwar Mandalr/o village Chandan nagar (Charipa), P.S. Belhar, Dist. Banka. 2.Pappu Mandal son of Devi Mandal, r/o village Bhagatchak, P.S. Shambhuganj, Dist. Banka …..Petitioners. Versus STATE OF BIHAR ----------- 4 30.3.2010 A supplementary affidavit has been filed on behalf of the petitioners seeking permission to make necessary correction in paragraph 1 of the petition. Prayer is allowed. Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the petition. Heard Mr. Ranjan Kumar Jha, learned counsel appearing for the petitioners and Mr. Ram Priyasharan Singh, learned A.P.P. for the State on merit of the case. Petitioners apprehend their arrest in connection with Belhar P.S Case. No. 59 of 2008, dated 3.6.2008, registered under section 302/34 of the Indian Penal Code as also under section 27 of the Arms Act. It is submitted by learned counsel for the petitioners that they are not named in the first information report as accused and even during course of investigation no material has been collected to show the direct complicity of these petitioners in the crime in question. Only one witness in paragraph 37 of the case diary has said that these petitioners were seen last in the company of the deceased. Learned counsel for the State after going through the case diary has also not pointed out any specific material showing the complicity of these petitioners in the crime in question. In the facts and circumstances of the case, let the above named - 2 - petitioners in the event of their arrest or surrender in the court below within four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/ (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Banka, in the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman