IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20997 of 2011 1. Samshul Mian, son of Late Mithu Mian, 2. Muslim Mian @ Muslim Ansari, son of Late Jamadar Mian, 3. Karmullah Mian @ Karmullah Ansari, son of Late Mithu Mian 4. Aftab Ansari @ Aftab Mian, son of Ainul Ansari, All residents of village – Rakhayee, P.S. – Shikarpur, District – West Champaran. ------ Petitioners. Versus The State Of Bihar ---Opposite Party ----------- 02. 20.07.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Shikarpur P.S. Case No. 78/2011 for the offences under Sections 147/148/341/ 323/436/379 of the Indian Penal Code and 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending in the court of Chief Judicial Magistrate, Bettiah, West Champaran. After some arguments, learned counsel for the petitioners seek permission to withdraw this application with respect to petitioner no. 1 namely, Samshul Mian with a liberty to surrender before the court below within fortnight and seek regular bail. Where the prayer for regular bail of the petitioner no. 1 may be considered on its own merit without being prejudice of instant refusal. Permission is granted. Accordingly, this application stands disposed of as withdrawn. 2 So far as remaining three petitioners are concerned, they carry general allegation of assault and abuse naming caste etc. This case squarely covered under the decision of Apex Court in a case Jorgia Pentiah Vs. State of A.P. reported in 2009(1) BCCR 153(SC). Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioner nos. 2, 3, and 4 namely, Muslim Mian @ Muslim Ansari, Karmullah Mian @ Karmullah Ansari and Aftab Ansari @ Aftab Mian, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 78/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two 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. Rajeev/ ( Akhilesh Chandra, J.)