IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23881 of 2011 1. Sanju Paswan, S/o. Gyan Paswan, 2. Papu Paswan @ Pappu Paswan, S/o. Gyan Paswan. 3. Nitish Kumar, S/o. Sanju Paswan. Versus The State Of Bihar ---------------------------------- 02. 11.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in connection with Complaint Case No. 1473© of 2009 for the offences under Sections 323, 427, 436 & 504/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Nalanda. All the three petitioners are named accused in the complaint case instituted much after the alleged occurrence of assault including putting an hut under fire. Submission is that though there is no explanation of huge delay in filing of the complaint and not informing the police authorities. Attention of this Court was drawn towards paragraphs-7 & 8 of the petition showing that police was informed, some enquiry was conducted but nothing could be done under compelling circumstances complaint was filed. Further submission on the basis of order taking 2 cognizance in Complaint Case dated 04.08.2010 is that without ascertaining from P.S. concerned about assertions made in paras-7 & 8 of the complaint petition cognizance has been taken only what was the statement of the witnesses. Considering the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Complaint Case No. 1473C of 2009 subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for one year 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. Mkr. (Akhilesh Chandra, J.)