IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25160 of 2010 1.LAKHI SINGH @ UMESH SINGH, Son of Late Ram Pravesh Sharma 2.SHIV KUMAR SINGH, Son of Late Mahendra Singh 3.SIYARAM SHARMA, Son of Sheo Kumar Singh 4.ASHOK KUMAR, Son of late Mangal Singh 5.VIKAS KUMAR, Son of Sheo Kumar Singh 6.DHIRAJ KUMAR, Son of Vijay Singh, All R/O Village Ramtari, P.S. Bihta, Dist. Patna ……….Petitioners Versus THE STATE OF BIHAR ……Opposite Party For the petitioners : Mr. Dinesh Kumar, Advocate For the State : Mr. U.S.P. Singh, A.P.P. 02. 16.08.2010 Heard learned counsel for the six petitioners and Additional public prosecutor for the State. Petitioners are named accused in this case carry allegation of assaulting the prosecution side, no doubt there is specific allegation against the petitioner nos. 4 to 6 inflicting injury upon informant and his brother, but as it appears the case was instituted for the offences which are bailable and they failed the privilege of bail granted by the police. No doubt, after submission of charge-sheet, taking a different view, court below took cognizance for the offence under Section 307 I.P.C. also, but the position is not going to change, so far privilege of bail is concerned, once the petitioners are granted the privilege, they are to avail the same till they violate any terms and conditions or misuse the privilege. Considering the facts and circumstances of the case, subject to verification by the court below on the point of misuse of privilege, in the event of their arrest/surrender before the court below 2 within four weeks of receipt of the copy of this order, petitioners, namely, 1. Lakhi Singh @ Umesh Singh, 2. Shiv Kumar Singh, 3. Siyaram Sharma, 4. Ashok Kumar, 5. Vikas Kumar & 6. Dhiraj Kumar , 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, Patna in connection Bihta P.S. Case No. 242 of 2008, 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. Praveen (Akhilesh Chandra,J.)