IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19151 of 2011 Bipin Yadav S/o Phuleshwar Yadav R/o Village-Choutara, P.S. Shambhuganj, District-Banka. --Petitioner Versus The State Of Bihar --Opp.party For the Petitioner : Mr. Sanjay Kumar For the State : Mr. Damodar Pd. Tiwary, APP 4 06.09.2011 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant. The petitioner is named accused in this case with allegation of being present at the spot with fire arms but never used. Submission is that under similarly situated circumstances, co- accused Pankaj Yadav and Amit Yadav had alreadyd been granted the privilege by this court by order dated 22.07.2011 passed in Cr.,Misc. no.22198 of 2011 in which prayer for other three persons were refused. 2 In view of the above, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on furnishing bonds of Rs. !0,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in Shambhuganj P.S. Case no. 27 of 2011, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till two years, or till disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)