IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26837 of 2011 1. Shambhu Baskota S/o Late Daroga Das 2. Raju Mahto, S/o Laxmi Mahto. Both R/o village/Mohalla- Nahar Chauk, Koiriya Tola, P.S. Raxaul, District- East Champaran. --Petitioners Versus The State Of Bihar --Opp. Party For the Petitioner : Mr. Pramod Ranjan For the State : Mr. Murli Dhar, APP 2 05.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners are named accused in this case. Submission is that petitioner no.2, Raju Mahto, has already been arrested. Hence, his application for anticipatory bail has become infructuous. Further submission is that in similarly situated circumstances other co-accused have been grated privilege by a Bench of this Court in Cr.Misc. no. 17695 of 2011 dated 2 29.6.,2011. Considering the facts and circumstances, the petitioners, in the event of arrest or surrender within four weeks from today, are directed to be enlarged on bail on each of them furnishing bonds of Rs. !0,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Raxaul at Motihari, (East Champaran) in Raxaul P.S. Case no. 143 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 two years, or till disposal of the case, whichever is earlier. If the petitioners fail to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)