IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25879 of 2011 1. Kailash Yadav, son of Late Akhileshwari Yadav 2. Nand Lal Yadav, son of Late Ram Sharan Yadav Both residents of village – Jalaiya Postpar, Police Station – Sour Bazar (Patarghat O.P.) District – Saharsa. -------- Petitioners. Versus The State of Bihar -----Opposite Party --------- 02. 26.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with S.T. No. 213/2004 arising out of Madhepura P.S. Case No. 98/2004, pending in the court of Additional Sessions Judge, F.T.C. IIIrd, Madhepura. In this seven years old case petitioners were earlier named, but after investigation exonerated not sent up for trial. However, during trial of other co-accused in sessions trial no. 213/2004, petitioners have been summoned under section 319 of the Code of Criminal Procedure. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) 2 each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. IIIrd, Madhepura, in connection with S.T. No. 213/2004 arising out of Madhepura P.S. Case No. 98/2004, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)