IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30361 of 2011 1.Mohan Mahto, Son of Chhotan Mahto. 2.Surendra Mahto @ Saila Mahto, Son of Late Ram Mahto. 3.Pappu Mahto @ Pappu Kumar. 4.Navin Mahto. Both Sons of Surendra Mahto. 5.Ranjeet Mahto, Son of Chhotan Mahto. All R/o of Village Hasan Pur (Gumti No. 14), P.S. Teghra, District Begusarai. -------Petitioners Versus The State Of Bihar -----Opposite Party -------------- 02/- 29/09/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the five petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 341, 323, 324, 307, 504 and 379 of the Indian Penal Code and Section 3 (x) (I) of the S.C./S.T. Act, are named accused in this case. After some argument, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1 with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application as regard to petitioner no. 1, namely, Mohan Mahto stands disposed of as withdrawn. As far as remaining four petitioners are concerned, they carry general and omnibus allegation of assault and abuse in this case, which squarely covers 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 i.e. petitioner nos. 2 to 5 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, Begusarai, in connection with Begusarai S.C./S.T. Case No. 50 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.)