IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24705 of 2011 1. Md. Abdullah @ Abdulla S/o Hazi Samed Ali 2. Md. Mojammil S/o Hazi Sazzad, 3. Md. Majed @ Majubur S/o Loqman, All R/o Village- Bharat Kol, P.S. Pranpur, District-Katihar. --Petitioners Versus The State Of Bihar --Opp.Party With Criminal Miscellaneous No.24710 of 2011 1.Md. Abdullah @ Abdull S/o Hazi Samed Ali, 2. Mojammil S/o Hazi Sazzad, 3. Mojib @ Md. Mojibur S/o Loqman, All R/o Village Bharat Kol, P.S. Pranpur, District-Katihar. --Petitioners Versus The State Of Bihar --Opp.party For the Petitioners : Mr. Bam Bahadur Jha (In Both cases) For the State : Mr. Pramod Kr. Pandey, APP (In Cr. Misc. 24705/2011) For the State : Mr. Umesh Lal Verma, APP (In Cr.Misc.24710/2011) 3 19.09.2011 Heard learned counsel for the 2 Petitioners and learned Additional Public Prosecutor for the State. Since both these applications are interlinked, taken together and being disposed of by this composite order. Petitioners are named in both the cases, i.e. Paranpur P.S. Case no. 47 and 48, both of the year 2011, with allegation that they were also participating in a Panchayat being conducted for demand of compensation to the heirs of the victim in Manihari P.S. Case no. 32 of 2011 relating to an accidental death of two labourers by a tractor trailer and suddenly friend of owner of the vehicle, informant of first case, was being persuaded to bring Rupees five lacs for payment to the victim. In that course he was mishandled and on arrival of Police situation could be brought under control but allegation of the informant in subsequent case, that is Officer in charge of O.P. concerned is that being member of Scheduled Caste, he had to also face some mishandling and abuse. Submission is that there is neither any 3 injury report nor specific allegation attributed against either of the three petitioners. Moreover, subsequent case also appears squarely covered by the decision of the Apex Court in the case of Jorgia Pentiah Vrs. State of Andhra Pradesh; reported in 2009(1) BCCR 153 (SC). In the facts and circumstances, the petitioners, in the event of arrest or surrender within four weeks from today, are directed to be enlarged on bail on 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, Katihar in Pranpur P.S. Cases no. 47 and 48, both of the year 2011, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure with additional condition that the petitioners shall remain present before the court below on each and every date for one year or till disposal of the case, whichever is earlier. If the petitioners fail to remain present on two consecutive dates without any reasonable explanation the privilege granted 4 shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)