IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33458 of 2011 1.Mohan Prasad Kamkar @ Mohan Kamkar, Son of Late Shamdhari Kamkar. 2.Durgesh Kumar Kamkar @ Duregesh Kamkar, Son of Mohan Kamkar. Both resident of Village Betwar, P.S. Darauli, District Siwan. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- 04/- 16/11/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 3(1) X of S.C./S.T. Act and 323, 451, 147, 148, 504 of the Indian Penal Code, are named accused in this complaint case related with simple assault and abuse. 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 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 Judicial Magistrate, 1st Class, Siwan, in connection with Complaint Case No. 1900 of 2009, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure 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 and 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.)