Full Judgment
23. 01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the three petitioners are named accused in this Case relating to a dispute arising out of Tazia procession. Submission is that earlier against prosecution side Chenari P.S.Case no. 137 of 2010 was instituted wherein there is absolutely nothing about any occurrence taking place and that father of the informant who, as alleged, died thirteen days after the dispute relating to Tazia. Further, though petitioners relating to specific allegations of assaulting deceased by means of Farsa (petitioner no.1) followed by lathi by both the petitioners but post mortem report indicate one single stitch wound. Further all the 2 three petitioners have no criminal antecedent. If it is so, the petitioners, in the event of arrest or surrender within four weeks from today, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in Chenari P.S. Case no. 142 of 2010, 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 before the court below on each and every date till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J) Aftab Ahmad/-