IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28829 of 2011 1.Munna Singh, S/o Late Ram Narayan Singh. 2.Shivajee Singh, S/o Upendra Singh. 3.Dablu Singh, S/o Lakhan Singh. 4.Rakesh Singh, S/o Mithilesh Singh. 5.Mantosh Kumar Singh @ Santosh Singh, S/o of Janeshwar Singh. 6.Harendra Singh, S/o Satender Singh. 7.Shashi Singh, S/o Shiv Pujan Singh. 8.Anjani Kumar Singh, S/o Lallan Singh. 9.Dilip Singh, Son of Ramdeep Singh. All R/o of Village Kajhpa, P.S. Rafiganj, District Aurangabad. ------------Petitioners Versus The State Of Bihar ---------Opposite Party ------------ With Criminal Miscellaneous No.29818 of 2011 Suchit Singh, S/o Late Ram Narayan Singh, R/o Village Kajhpa, P.S. Rafiganj, District Aurangabad. ----------Petitioner Versus The State Of Bihar ----------Opposite Party --------------- 02/- 19.09.2011 Since both these applications arising out of one case are being heard together and disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504/120B of the Indian Penal Code and Section 3(1) (x) (xv) S.C./S.T. Act. Submission is that petitioner no. 4 of “Cr. Misc. No. 28829 of 2011” has already been apprehended. Hence, petition as regard to him becomes infructuous. Accordingly, this application with respect to petitioner no. 4, namely, Rakesh Singh stand disposed of as withdrawn as having become infructuous. Remaining nine petitioners (of both the applications) are named accused in this case of simple assault and abuse. Submission is that all carry general and omnibus allegation. Though, against petitioners, namely, Suchit Singh (in Cr. Misc. No. 29818 of 2011), Dablu Singh and Anjani Kumar Singh (in Cr. Misc. No. 28829 of 2011), there is specific allegation of they being armed with different weapons, but nothing specific about use of such weapons as alleged or emerged from injury report of the informant showing sustaining of simple injuries. Further, submission is that the case is squarely covered under a decision of Hon’ble Apex Court in a case of “Jorgia Pentiah Vs. State of Andhra Pradesh reported in 2009 (1) BCCR 153 (SC)”. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners (of both the applications) be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 92 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)