1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28818 of 2011 1. Rahul Kumar @ Sonu Rai S/o Bhagwan Rai @ Sri Bhagwan Rai 2. Vijay Bahadur Rai, S/o Maksudan Rai, 3. Sri Bhagwan Rai @ Bhagwan Rai S/o Maksudan Rai 4. Ankit Kumar Singh @ Milan Rai, S/o Bhagwan Rai @ Sri Bhagwan Rai. All R/o Village- Orap , P.S. Itarhi, District-Buxar. --Petitioners Versus The State Of Bihar --Opp.Party For the Petitioner : Mr. Anil Kr. Roy For the State : Mr. Atul Chandra, APP 2 16.09.2011 Heard learned counsel for the Petitioners and learned Additional Public Prosecutor for the State. All the four petitioners are named accused in this case instituted on the basis of Complaint Case no. 1220 ( C ) of 2009 with allegation of simple assault, abuse and taking away some articles and cash. Submission is that parties are related and due to land dispute earlier Itarhi P.S. Case no. 114 of 2009 dated 13.12.2009 instituted against prosecution side and in retaliation whereof present case has been filed 2 which is squarely covered by the decision of Apex Court in the case of Jorgia Pentiah Vrs. State of Andhra Pradesh; reported in 2009 (1) BCCR 153 (SC). 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 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, Buxar, in Buxar Town P.S. Case no. 55 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 before the court below on each and every date 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 canceled. AAhmad ( Akhilesh Chandra, J.)