IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28824 of 2011 1. Nitesh Prasad, son of Lalan Prasad 2. Pratap Prasad, son of Lalan Prasad 3. Arjun Prasad, son of late Bhikhari Prasad 4. Satya Prakash 5. Abhimanu Prasad 6. Arun Prasad 7. Sujit Prasad @ Sujeet Prasad, all sons of Arjun Prasad All resident of village – Ramgarhwa Bazar, P.S. – Ramgarhwa, District – East Champaran. ------ Petitioners. Versus The State of Bihar ---Opposite Party ***** For the petitioners : Mr. Arjun Prasad No. 1, Adv. For the State : Mr. Narsingh Tanti, APP ****** 02. 20.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the seven petitioners, apprehending their arrest in connection with Trial No. 1956/2010 arising out of Ramgarhwa P.S. Case No. 117/2008 for offences under Sections 341/323/307/34 of the Indian Penal Code, are name accused out of nine in this case of assault. Submission is that there is general and omnibus allegation and after investigation police exonerating the petitioners submitted charge sheet only against two non- petitioners, but only under Section 323 of the Indian Penal Code, however, cognizance has been taken against all under section 307 of the Indian Penal Code. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Divesh Kumar, Judicial Magistrate, Raxaul at Motihari (East Champaran), in connection with Trial No. 1956/2010 arising out of Ramgarhwa P.S. Case No. 117/2008, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for one year or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)