IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28227 of 2011 ========= 1. Hemant Singh, S/o – Late Murli Prasad Singh 2. Pramod Singh @ Pramod Kumar Singh S/o – Late Birendra Narain Singh Both R/o – village – Kishunwada, P.S. – Patepur, Distt – Vaishali. 3. Md. Sahjade @ Md. Sahjada, S/o - Md. Raja @ Nathu Babu 4. Md. Raja @ Nathu Babu, @ Md. Raju, son of late Abdul Rahman 5. Md. Mustafa, son of late Abdul Qayum 6. Shankar Mahto @ S. Mahto, son of late Tetar Mahto All resident of village – Bahuara, P.S. – Patepur, Distt. – Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ******* 3 30-09-2011 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Complaint Case No. 116/2010 for the offences under Sections 420/364(A)/406/386/307/379/341/324/323/147/148/149 and 120(B) of the Indian Penal Code, and Section 25 of the Arms Act, are named accused in this case instituted eleven days after the occurrence with allegation of getting son of the informant confined for extortion. Submission is that initially on consideration of the materials cognizance was taken for the offences under Section 323 of Patna High Court Cr.Misc. No.28227 of 2011 (3) dt.30-09-2011 2 / 2 2 the Indian Penal Code only, but in pursuance of order of Revisional court cognizance has been taken for further offences and mainly prayer was refused by learned Sessions Judge on the ground that an attempt was made earlier for regular bail from the court below, but, in this regard, it is submitted that though petition was drafted but at no point of time it was ever filed or pressed before the trial court. Learned counsel representing the complainant submits that the two petitioners namely Hemant Singh and Md. Sahjade @ Md. Sahjada, has criminal antecedent, but nothing specific has pointed out. 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, Vaishali at Hajipur, in connection with Complaint Case No. 116/2010, 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)