1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27925 of 2011 1. Upendra Chaudhary S/o Rameshwar Chaudhary, R/o village-Ingalishiya, P.S. Ghautarwa, District- West Chaparan. 2. Mukti Narain Chaudhary, S/o Late Rameshwar Chaudhary R/o village-Bishambharapur Tola Aithiya, P.S. Bhairaganj, Distt. West Champaran. --Petitioners Versus The State Of Bihar --Opp.Parties 2 13.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. In this case instituted against the unknown, petitioners’ name emerged during investigation in extra judicial confession of co- accused. Submission is that the maker of such statement is at inimical term with the petitioners against whom a year before informatory petition etc. had already been filed and just to satisfy the grudge name of the petitioners have been disclosed who, in fact, met an accident. Only petitioner no.1 carries one case against him whereas against petitioner no.2 one case has been 2 instituted after institution of the instant case. Baring the above there is no criminal antecedent. If it is so, considering the facts and circumstances, the petitioners, in the event of arrest or surrender within four weeks from today, are directed to be enlarged on bail on furnishing bonds of Rs. !0,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in Shikarpur P.S. Case 107 of 2011, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till two years or till disposal of the case, whichever is earlier. If the petitioners fail to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)