IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20305 of 2011 1. Kamal Sah S/O DHANESHWAR SAH R/O VILLAGE THARHI P.S. LOKAHI, DISTRICT-MADHUBANI, 2. Gopal Dhokania, S/O BISHWANATH DHOKANIA 3. RAJESH DHOKANIA, S/O BISHWANATH DHOKANIA Both 2 and 3 are r/o village Lokahi, P.S. Lokahi, District- Madhubani. 4. Dinanath Sah S/o late Shambhu Sah 5. Din Dayal Sah s/o late Shambhu Sah Both 4 and 5 are residents of village-Lalmainpatti, P.S. Kunouli, District-Supaul. --Petitioners Versus 1. The State Of Bihar 2. Surya Narayan Thakur, s/o late BaldeoThakur, r/o village-Dadhela, P.O. Dighya, P.S. Nirmali, District-Supaul. --Opp.Party 3 20.07.2011 Supplementary affidavit has been filed. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the five petitioners are named accused in this five years’ old complaint case. Submission is that though cognizance was taken in the year 2007 but for the first time summon was issued on 30.11.2009 but it could not be served. If it is so, the petitioners, in the event of arrest or surrender within four weeks of communication of the order, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like 2 amount each to the satisfaction of Subdivisional Judicial Magistrate, Birpur, in Complaint Case no. 288C of 2006, 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 both the courts below on each and every date for three 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 cancelled. AAhmad (Akhilesh Chandra, J. )