IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28160 of 2011 1. Ram Sewak Rai, son of Ballabh Rai 2. Anarsi Rai, son of late Rupdevan Rai 3. Sunil Rai @ Sunil Kumar Rai, son of late Parmanand Rai 4. Suresh Rai, son of late Sant Lal Rai 5. Jitendra Rai @ Jitendra Kumar, son of Awadhesh Singh Yadav All are resident of villag e- Nakata Diyara, P.S. – Digha, Distt. – Patna. ----- Petitioners. Versus The State of Bihar -------Opposite Party ****** With Criminal Miscellaneous No.31362 of 2011 1. Da-Shrath Rai, son of llate Gangadhari Rai 2. Sahvir Rai, son of late Ramayan Rai 3. Mahendra Rai, son of late Gangadhari Rai 4. Lorik Rai, son of Raj Ballabh Rai 5. Vyas Rai, son of Shiva Pujan Rai All are resident of village – Nakata Diyara, P.S. – Digha, District – Patna. ----- Petitioners. Versus The State of Bihar ------Opposite Party ****** 03. 21.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the ten petitioners, apprehending their arrest in connection with Digha P.S. Case No. 69/2011 for the offences under Sections 147/148/149/323/341/337/307/302/120B of the Indian Penal Code and 27 of the Arms Act. None of the ten petitioners (five each) are named accused in this case but their names emerged during investigation. Submission is that except general and omnibus assertion nothing is against these petitioners. Moreover against non-petitioners Ramashray Rai and Jai Nandan Rai, there are some specific allegation out of whom Jai Nandan Rai has already been granted privilege by a Bench of this court vide order dated 12.10.2011 passed in Cr. Misc. No. 33922/2011. It is also submitted that main assailant of deceased is Ram Awadhesh Singh @ Ram Awadhesh Singh Yadav, who is also released on bail after brief detention vide order dated 30.09.2011 passed in Cr. Misc. No. 28158/2011. 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, Patna, in connection with Digha P.S. Case No. 69/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for three years or till disposal of the case, whichever is earlier and 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.)