IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37413 of 2010 1.MD.BADRUDDIN @ BADO, Son of Md. Kayum @ Abdul Kayum 2.MD. FAKRUDDIN @ FAKO, Son of Md. Kayum @ Abdul Kayum Both are Resident of Mohalla Sitanabad Chowk, P.S. Baktiyarpur, District Saharsa, At present petitioner no. 1 residing at N.T.P.C. Kahalgaon, P.S. Kahalgoan, District Bhagalpur, Petitioner no. 2 residing at Mohalla Alinagar, P.S. Anisabad, District Patna. ……..Petitioners Versus THE STATE OF BIHAR …….Opposite Party 02/- 02-11-2010 Heard learned counsel for the petitioners and Additional Public Prosecutor for the State. Under almost similarly situated circumstance one of the co-accused Rocky Alam @ Md. Azaruddin has already been granted the privilege by a Bench of this Court vide order dated 15.09.2010 in Cr. Misc. No. 28166 of 2010. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, 1. Md. Badruddin @ Bado and 2. Md. Fakruddin @ Fako, are directed to be released 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, Saharsa in - 2 - connection with Bakhtiyarpur P.S. Case No. 58 of 2010, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)