IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43976 of 2010 1.RAJENDRA MAHTO, Son of Gokul Mahto 2.MANGANILAL MAHTO @ MANGANI MAHTO, Son of Swarup Mahto 3.RAJESH PRASAD, Son of Jaiye Sah 4.BIJAY SAH, Son of Teja Sah All Residents of Village Maswa, P.S. Jharokha, District East Champaran. ……..Petitioners Versus THE STATE OF BIHAR …….Opposite Party ----------- 02/- 14-12-2010 Heard learned counsel for the four petitioners and Additional Public Prosecutor for the State. Petitioners are named accused in this case with an allegation of causing disturbance in official discharge of duty by the police personnel who arrived at the place where two persons were being mercilessly beaten after being caught hold during attempt to kidnap one minor boy. However, two of the co-accused, namely, Amit Prasad @ Amit Kumar & Subhash Prasad appears granted the privilege in almost similarly situated circumstance vide order dated 15.09.2010 in Cr. Misc. No. 28170 of 2010. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, Rajendra Mahto, Manganilal Mahto @ Mangani Mahto, Rajesh Prasad & Bijay Sah are directed to be released 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, 2 East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 105 of 2009, 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 till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)