IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25014 of 2010 1. MD.EHSAN, SON OF USMAN MIAN, 2. MD. NAIM, SON OF RASOOL MIAN, BOTH R/O VILLAGE-KHAJURI MILIK, P.S. BHARGAMA, DISTRICT-ARARIA. --PETITIONERS Versus THE STATE OF BIHAR --OPP.PARTY 2 12.08.2010 Heard Mr. Ramesh Kumar Singh, learned counsel for the two petitioners, Mr. Ajit Kumar, learned Additional Public Prosecutor for the State and Sri Mukesh Kumar Rana, for the complainant. It is submitted that petitioner no.2, Md. Naim, has already been arrested so the prayer with his respect has become infructuous. In view of the above, the petition to the extent of petitioner no.2, Md. Naim, stands dismissed as infructuous. So far petitioner no.1, Md. Ehsan, is concerned, he is named accused in this complaint case, carries allegation of assaulting the complainant by naming his caste but since the case is squarely covered by the decision of the Apex Court in the case of Jorgia Pentiah V. State of A.P. ; 2009(1) B.C.C.R., 153 (SC), he, in the event of his arrest or surrender within four weeks from today, is directed to be 2 enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in Complaint Case no. 2300C of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner no.1 shall remain present on each and every date before the court below at least for one year or till disposal of the case whichever is earlier. If the petitioner no.1 fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad