IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21320 of 2010 1. VIJAY KUMAR SINGH, (at present Panchayat Rojgar Sevak, Gram Panchayat Raj,Sarauti), S/o – late Ramparvesh Singh, R/o – village – kaithi, P.S. – G.B. Nagar, District – Siwan. 2. Bidya Bhushan Dubey, (at present Mikhia, Gram Panchayat Raj , Sarauti), S/o – Late kailashpati Dubey, R/o – village – Sarauti, P.S. – Pachrukhi, District – Siwan. ------------- Petitioners. Versus THE STATE OF BIHAR ---------- Opposite Party. ----------- 02. 09.08.2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are named accused in this case being Panchayat Secretary and Mukhiya carry allegation that they did not pay some due to the complainant against the work done and instead abused by naming his caste etc. against the witnesses named a few months before the petitioner no.1 had already lodged a case bearing Pachrukhi P.S. Case No. 53/2008. Moreover, the instant case squarely covered under the decision of Apex Court in a case Jorgia Pentiah v. State of A.P. 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 of receipt of the copy of this order, petitioners, namely, (!) Vijay Kumar Singh and (2) Bidya Bhushan Dubey, 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 Shri H. Ram, Judicial 2 Magistrate, 1st Class, Siwan, in connection with Complaint Case No. 1523/2008 corresponding to Tr. No. 2160/2010, 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, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)