IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23355 of 2011 1. Dinesh Yadav son of Ram Julum Yadav, village- Aura, P.S.-Rosera, Distt.- Samastipur 2. Raj Kumar Yadav @Brahamchari son of Laltoon Yadav, Village- Kazi Dumra, P.s.- Rosera, Distt.- Samastipur (wrongly mentioned in F.I.R. as Nand Kishore Yadav) 3. Shyam Nandan Yadav son of Hare Ram Yadav, Both village- Piprauliya, P.S.-Rosera, Distt.-Samastipur ......................Petitioner Versus The State Of Bihar .......................Opposite Party ----------- 2. 05.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner who apprehends his arrest, in connection with Hathauri P.S. Case (Shivaji Nagar O.P.) P.S. Case No. 45 of 2011 dated 25.05.2011 for offences under Sections 147, 148, 149, 447, 341, 323, 504, 427, 353, 171(F), 188 of Indian Penal Code and Section 123, 134 of the R.P. Act as well as 5 of the Essential Services maintenance Act, 1981, pending in the Court of learned Additional Chief Judicial Magistrate, Rosera, Samastipur, is named accused with allegation of causing obstruction in counting process of ballot papers relating to the election of Mukhiya. Submission is that other co- accused have already been granted the privilege by a Bench of this Court vide order dated 22.07.2011 passed in Cr. Misc. No. 24210 of 2011. Considering the facts and circumstances, in the event of his arrest/ surrender before the Court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two 2 sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, Samastipur,, in connection with Hathauri P.S. Case (Shivaji Nagar O.P.) P.S. Case No. 45 of 2011, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure Code with additional condition to remain physically present before the Court below on each and every date at least for two years of till disposal of the case, whichever, is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Saif (Akhilesh Chandra, J.)