IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28828 of 2011 1. Lal Babu Singh 2. Ram Balak Singh Both S/o Ram Jivan Singh, R/o Village-Shivnathpur, P.S. Bibhutipur, District-Samastipur. --Petitioners Versus The State Of Bihar --Opp.Party For the Petitioners : Mr. Uma Shanker Pd. Singh For the State : Mr. Madan Kumar, APP 2 16.09.2011 Heard learned counsel for the Petitioners and learned Additional Public Prosecutor for the State. The two petitioners are summoned under Section 319 of the Code of Criminal Procedure in Sessions Trial No. 943 of 2004 arising out of Bibhutipur P.S. Case no. 62 of 2000. Submission is that though the petitioners were named in the said case but Police, after investigation, exonerated them though charge sheet was submitted against co-named accused who are facing trial and subsequently the 2 petitioners have also been summoned inspite of committing no offence. Considering the facts and circumstances, the petitioners, in the event of arrest or surrender within four weeks from today, are directed to be enlarged on bail on furnishing bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Rosera, in Sessions Trial no. 943 of 2004 arising out of Bibhutipur P.S. Case no. 62 of 2000, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure with additional condition that the petitioners shall remain present before the court below on each and every date till disposal of the case. If the petitioners fail to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)