IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22738 of 2011 1. Anil Rai, son of Murari Rai, resident of village – Banraha, P.S. – Fulwariya, District – Gopalganj. 2. Bhola Rajbhar, son of Mishri Rajbhar, resident of village – Saraiya, P.S. – Saraiya Sujan (U.P.). -------- Petitioners. Versus The State of Bihar -----Opposite Party ****** 04. 21.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Fulwaria P.S. Case No. 54/2011 for offences under Section 448/376/511/34 of the Indian Penal Code, are named accused in this case with allegation of house trespass with evil intention. Submission is that in fact petitioners have been trapped in this case for which Fulwaria P.S. Case No. 56/2011 has already been instituted at the instance of petitioner no. 1 and there is supporting material in favour of petitioners during investigation of the case. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary of both the cases (Fulwaria P.S. Case No. 54/2011 and 56/2011) could not be able to refute the submission and point out anything otherwise. 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) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, in connection with Fulwaria P.S. Case No. 54/2011, 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.)