IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35853 of 2009 1. JAYAKANT PANDEY @ B.D.PANDEY 2. Dina Nath Pandey Versus The STATE OF BIHAR --with-- Cr.Misc. No.45982 of 2009 ARUN PANDEY Versus The STATE OF BIHAR ----------- 03/ 17.03.2010 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that at the beginning all the four deceased were attempted to apprehended. Two of them were caught while two succeeded to flee but on chase on motorcycle they were also caught near the second place of occurrence where a mob of 72-75 persons gathered assaulted indiscriminately resulting into death of three of them and rest one was taken to hospital and on the way he also succumbed to injuries but petitioners are not named by any of the eye witnesses, though some of the witnesses are naming these petitioners that some eye witnesses told about involvement of these petitioners also and eye witnesses disclosed by hearsay witnesses are examined in the case but not naming these petitioners even then they are apprehending their arrest though 2 investigation is in progress against these petitioners. Accordingly, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Kundra P.S. Case No. 124 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Bhabhua at Kaimur subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, Trial Court shall justify the bail so granted to these petitioners at the stage of hearing of the case on charge matter. Shail ( Mandhata Singh, J.)