IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19327 of 2011 1. Kanhaiya Mushar S/o Late Ram Swaroop Mushar 2. Nagina Mushar S/o Ganga Mushar 3. Bacha Muni Mushar S/o Ganga Mushar 4. Pratap Mushar S/o Late Paras Mushar 5. Nagina Mushar S/o Ram Janam Mushar 6. Ramjag Mushar S/o Late Lalu Mushar, All are resident of village Sakhwan, P.S. Sonhan, Dist. Kamiur (Bhabua) ….. Petitioners Versus The State Of Bihar ----------- 3. 3.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioners apprehending their arrest in connection with Durgawatti P.S. Case No.114 of 2010 for the offences under Section 396 of the Indian Penal Code. In this case instituted against unknown. Petitioners’ name has come during investigation in the extra judicial confession of one Rambali Mushar and from whose possession one of the looted Mobiles was recovered. Submission is that except such extra judicial confession there is absolutely nothing against the petitioners, who have no criminal antecedents. If, it is so, considering the facts and circumstances of the case, in the event of 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) with two sureties of the like amount each to - 2 - the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S. Case No.114 of 2010, 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. Narendra/ ( Akhilesh Chandra, J. )