1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35981 of 2011 1. Ghanshyam Yadav S/o Singheshwar Yadav 2. Daya Nand Yadav, S/o Anuplal Yadav, 3. Manoj Yadav, S/o Bishwanath Yadav, All R/o Village- Chakai, P.S. Panjwara (Banka), Distt-Banka. --Petitioners Versus The State Of Bihar --Opp.Party With Criminal Miscellaneous No.31981 of 2011 1. Haldhar Yadav S/o Late Samar Yadav 2. Chotu Yadav @ Chhotey Yadav S/o Haldar Yadav 3. Goddu Yadav @ Laddu Yadav, S/o Shanker Yadav 4. Theno Rai @ Thebu Yadav S/o Late Uchit Yadav 5. Bajo Yadav S/o Akloo Yadav, All R/o Village- Chakai, P.S. Panjwara (Banka), District-Banka. --Petitioners Versus The State Of Bihar --Opp.Party 3 23.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. It is submitted that petitioners no. 2 to 5 of Cr.Misc. no. 31981 of 2011 have been apprehended and the application on their behalf has become infructuous. The application on their behalf is dismissed 2 as having become infructuous. Both the applications have been heard together as they arise out of common Police Station Case and they are being disposed of by this composite order. All the petitioners are named accused in this case of assault and subsequent death of one of the injured in a dispute arose practically for nothing. Informant is not an eye witness rather whatever he has said is on information gathered. Submission is general and omnibus allegation without any supporting material, and even at no point of time, recording statement of the two alleged injured other than one deceased who died subsequently during treatment as well as counter version by way of Banka ( Panjwara) P.S. Case no. 144 of 2011 instituted at the instance of presently sole petitioner in Cr.Misc. no. 31981 of 2011 and none of these four petitioners have any criminal antecedent. If it is so, the petitioners, in the event of arrest or surrender within four weeks, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- 3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in Banka (Panjwara) P.S. Case no. 143 of 2011 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioners shall remain present on each and every date before the court below till disposal of the case. If the petitioners fail to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)