1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35561 of 2011 1. Shyam Nath Rai 2. Kashi Rai, Both S/o Late Rajeshwar Rai, 3. Kariman Rai, S/o Tapeshwar Rai, All R/o Village- Maner (Naya Panapur), P.S. Akilpur, District-Patna. --Petitioners Versus The State Of Bihar --Opp.Party For the Petitioners : M/s Prashant Kumar & N.D. Chaubey For the State : Ms Anusuya Jayaswal, APP 3 19.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the three petitioners are named accused in this case of assault in a petty dispute. After some arguments learned counsel for the petitioners seeks permission to withdraw this application as regards petitioner no.1, Shyam Nath Rai, with liberty to surrender before the court below within fortnight and pray for regular bail without any prejudice of withdrawal. Permission is granted and the application on behalf of petitioner no.1 is dismissed as withdrawn with the aforesaid liberty. 2 Remaining two petitioners no.2 and 3, carries general and omnibus allegation and there is counter version also by way of Akilpur P.S. Case no. 37 of 2011 instituted at the instance of petitioner no.1. Considering the facts and circumstances, petitioners no.2 and 3, in the event of arrest and surrender within four weeks, 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, Patna, in Akilpur P.S. Case no. 38 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 at least for two 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.) 3