IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39149 of 2011 Rohit Kumar, son of Uday Shankar Yadav, resident of village – Jamaluddin chak, P.S. – Khagaul, District - Patna. ---------- Petitioner. Versus The State Of Bihar -----Opposite Party ******* 02. 02.12.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Khagaul P.S. Case No. 61/2011 for offences under Sections 399 and 402/34 of the Indian Penal Code along with 25(1-b)A of the Arms Act, is one of the named accused in this case, but only on extra judicial confession of co-apprehended accused. Submission is that under similarly situated circumstance co-accused Binod Kumar has already been granted privilege by a Bench of this court vide order dated 13.09.2011 passed in Cr. Misc. No. 19827/2011 and likewise the petitioner has also no criminal antecedent. If, it is so, considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above- named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur (Patna), in connection with Khagaul P.S. Case No. 61/2011 (G.R. No. 1165/2011), subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for one year 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.)