IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.51289 of 2008 1. Abdul Khair @ Khair Dewan, son of late Hafiz Dewan 2. Abdul Gaffar, son of Nasrullah Dewan 3. Banaras Rai @ Banaras Dewan, son of late Sukhdeo Rai All are residents of village Chilrawa, P.S. Turkaulia, District East Champaran .. Petitioners Versus The State of Bihar .. Opposite Party **** /4/ 18.03.2009 Heard the counsel for the petitioners and the State. 2. Prayer for bail on behalf of the petitioners was earlier rejected by order, dated 11.08.2008, passed in Cr. Misc. No. 18884 of 2008 and analogous cases. Petitioners are in custody since 12.12.2005. A report was called from the Judicial Magistrate, First Class, Motihari. It is stated in the report that the case has been committed to the Court of sessions, but, still it is pending for appearance of Vajul Haque, process under Sections 82 and 83 of the Criminal Procedure Code has been issued. 3. Considering the facts, the prayer for bail on behalf of the petitioners, Abdul Khair & Khair Dewan, Abdul Gaffar and Banaras Rai @ Banaras Dewan, is allowed. They are directed to be released on bail on furnishing on furnishing bail 2 bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Turkaulia P.S. Case No. 319 of 2005 to the satisfaction of the Chief Judicial Magistrate, Motihari, subject to the condition that the petitioners will appear and participate in the trial on regular basis. Their absence even for a single date without any permission of the Court or showing any cause will sufficient for cancellation of their bail. In case any complaint will be received against the petitioners that they have tried to tamper with the evidence that will be also a cause for cancellation of their bail. S.A. ( Mridula Mishra, J. )