1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40483 of 2011 1. Mahendra Chaudhary S/o Kailash Chaudhary, R/o Village- Nimadohar, P.S. Fatehpur, District-Gaya. 2. Ram Prit Sao, S/o Late Bhudhani Sao. R/O village Naudiha, P.S. Fatehpur, District-Gaya. 3. Sidheshwar Manjhi, S/o Budhan Manjhi, R/o Village- Simariya, P.s. Fatehpur, District-Gaya. --Petitioners Versus The State Of Bihar --Opp.Party 2 19.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners are named accused in this case being P.D.S. Dealers and custodian of some foodgrains kept for distribution in particular government scheme but they failed to do so and inspite of demand the money claimed, is also not deposited. Submission is that the petitioners and others filed writ applications before this Court against the notices issued claimed in consistent demands and vide composite order dated 6.7.2011 passed in C.W.J.C. no. 711 and 757, both of 2011, there is an order to deposite fifteen per cent of the claim amount within stipulated period along with show cause whereon appropriate order be passed by the competent authorities. Further submission is that due to this criminal case apprehending arrest petitioners also failed to comply with the order of writ court 2 within time framed. However, they are ready to do so. Considering the facts and circumstances, in the event of deposit of fifteen per cent of claim amount, with the Department along with detailed show cause stating all the grievance with the report enclosing supporting materials, the petitioners, 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 Chief Judicial Magistrate, Gaya, in Fatehpur P.S. Case no. 236 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 on each and every date before the court below till disposal of the representation in the light of the order of the writ court.. 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.)