IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33810 of 2011 1.Atahar, Son of Asgar. 2.Samal, Son of Mujib. Both are resident of Village Darshana, P.S. Jokihat, District Araria. -------Petitioners Versus The State Of Bihar -----Opposite Party -------------- 03/- 24/10/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The two petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 341, 323, 307, 504, 354, 379 of the Indian Penal Code, are named accused in this case. Submission is that in view of resolution of dispute and another of allegation etc., the two petitioners along with other eight have already been granted the privilege vide order dated 07.04.2011 passed by learned 1st Additional Sessions Judge, Araria in A.B.P. No. 1052 of 2010, but though others could availed the privilege, these petitioners failed to do so, as petitioner no. 1 became remain seriously ill and petitioner no. 2 had to attend him, consequently, they failed to avail the privilege and prayer to extend the period was refused vide order dated 02.09.2011. 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 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, Araria, in connection with Jokihat P.S. Case No. 257 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 till disposal of the case and 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.)