IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23868 of 2010 HEMANT KUMAR JHA, son of Ram Ekwal Jha, resident of village Tektar, P.S. Kamtaul, District – Darbhanga. -------------- Petitioner. Versus THE STATE OF BIHAR ---- Opposite Party. ------- 02. 10.08.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case out of ninety named carries allegation that he was one of the members of the procession majority of which proceeded on the prescribed passage but some of them started proceeding towards the prohibited zone in spite of several instruction and direction they did not stop, so the situation became out of control, resulting into some sort of communal disturbance. However, as it appears that from Annexure – 2 that communal harmony has been restored and few who were apprehended or surrendered have been granted regular bail by the learned Sessions Judge, on certain specific conditions. Considering the facts and circumstances, specially considering the restoration of communal harmony, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Hemant Kumar Jha, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties (both the bailers must be of rival community) of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga, in - 2 - connection with Kamtaul P.S. Case No. 82/2010, 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 two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)