IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26295 of 2011 1.Rafique Alam @ Kalu. 2.Mustafa Alam @ Mustaque Alam. 3.Babloo @ Md. Ehtesham. 4.Md. Shefu. All Sons of Mansoor Alam, resident of Village Dhumgarh, Bishanpur, P.S. Korha, District Katihar. ---------- Petitioners Versus The State Of Bihar. -------- Opposite Party ----------- 02/- 29/08/2011 Heard Mr. Bimal Kumar learned counsel for the petitioners, Mr. Raghvendra Kr. Singh learned counsel for the complainant and Mr. Harendra Prasad learned Additional Public Prosecutor for the State. All the four petitioners apprehend their arrest in connection with a case registered for the offence punishable under Section 3 (x) (ii) (xiv) SC & ST (Prevention of Atrocities) Act and Section 323 of the Indian Penal Code, are named accused in this case of simple assault and abuse. Submission is that under similarly situated circumstance, co-accused Md. Amir Hussain has already been granted the privilege by a Bench of this Court vide order dated 12.08.2011 passed in Cr. Misc. No. 27113 of 2011. Moreover, the case 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 2 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, Ist Class, Katihar, in connection with Complaint Case No. 3427 of 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, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)