IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26263 of 2011 Jagan Singh Versus The State Of Bihar -------- For the petitioner : Mr. Babu Nandan Prasad, Adv. For the State : Mr. Ajay Kumar Jha, APP 02. 29.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Kargahar (Barhari) P.S. Case No. 42/2011, pending in the court of Chief Judicial Magistrate, Rohtas, Sasaram, is one of the named accused in this with allegation of assaulting one Ram Awadh Ram by spade in a petty dispute arising out of singing song of Holi Festival. Submission is that there is no explanation for delayed information to the police when occurrence said to have taken place on 20.03.2011 at about 8.30 A.M. and the injured after being treated at Barhari, brought back to village and next day when he was bringing to other place, police is said to have been informed. Moreover, injury report also does not corroborated to be inflicted by spade. The petitioner has clean antecedent and this case appears squarely covered under the decision of Apex 2 Court in a case Jorgia Pentiah Vs. State of A.P. reported in 2009(1) BCCR 153(SC). Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Kargahar (Barhari) P.S. Case No. 42/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for three years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)