IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16927 of 2011 1.Chunnu Khan, Son of Habib Mian, resident of Mohalla Panchaity Akhara, P.S. Kotwali, District Gaya. 2.Md. Sikandar @ Sikandar Mian, Son of Late Eqbal Khan, resident of Mohalla Ansar Nagar, P.S. Bundel Khand, District Nawada. ---------- Petitioners Versus The State Of Bihar. -------- Opposite Party ----------- 04/- 24/08/2011 Heard Mr. Sudhir Kuamr Sinha learned counsel for the petitioners and Mr. Lalan Kumar learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The two petitioners apprehend their arrest, in connection with Kotwali P.S. Case No. 339 of 2010, corresponding to G.R. No. 3779 of 2010 for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, are named accused in this case, but on mere suspicion. Submission is that except suspicion, through out in the investigation, no specific material came out against the petitioners. Learned Additional Public Prosecutor in spite of being armed with carbon copy of the case diary up-to-paragraph nos. 65 dated 03.03.2011, failed to point out any material against the petitioners. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged 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, Gaya, in connection with Kotwali P.S. Case No. 339 of 2010, corresponding to G.R. No. 3779 of 2010, subject to condition 2 laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)