IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39735 of 2011 1.Asharaf Ali Khan @ Ali Asharaf Khan, Son of Asgar Khan. 2.Noor Alam Khan, Son of Fazalu Khan. 3.Fazalu Khan @ Fazalu Rahman, Son of Mahmaddin Khan. All R/o Village Gurdaha Khurd, P.S. Manjhi, District Saran. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------------ 02/- 08/12/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the three petitioners apprehending their arrest in connection with a case registered for the offence punishable under Section 420 of the Indian Penal Code, are named accused in this complaint case with allegation of realizing some money from the complainant, making arrangement for sending him abroad i.e. South Africa for livelihood, but nothing could be done nor money taken was return and with almost similar allegations, petitioner no. 1 has lodged another complaint bearing Complaint Case No. 213 of 2011 against the complainant and another, who happens to be one of the named witness in the instant complaint case. Considering the facts and circumstances of the case and nature of allegation and remedy lying else where, 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 Sub-Divisional Judicial Magistrate, Saran at Chapra, in connection with Complaint Case No. 105 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case, 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.)