1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39133 of 2011 1. Bhushan Patel S/o late Sri Ram Raut. 2. Narad Patel S/o Bhushan Patel. Both R/o Village- D-K-Shikarpur, P.S. Shikarpur District-West Champaran. --Petitioner. Versus The State Of Bihar --Opp.party 2 02.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. After some arguments learned counsel for the petitioners seeks permission to withdraw the application on behalf of petitioner no.2, Narad Patel, enabling him to surrender before the court below and seek regular bail within fortnight. Permission is granted. The application on behalf of petitioner no.2, Narad Patel, is dismissed as withdrawn. As regards petitioner no.1, Bhushan Patel, submission is that under similarly situated circumstances co-accused, Lalita Devi, has beens granted the privilege vide order dated 03.8.2011 2 passed in Cr.Misc. no. 17813 of 2011. Considering the facts and circumstances, the petitioner no.1, Bhushan Patel, in the event of arrest or surrender within four weeks, is 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, Bettiah, West Champaran, in Shikarpur P.S. Case no. 316 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner no.1 shall remain present before the court below for three years or till disposal of the case, whichever is earlier. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)