IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35466 of 2011 1.Murlidhar Singh, Son of Late Phuleshwar Prasad Singh, resident of Village Murlichandwa, P.S. Udakishanganj, District Madhepura, the then Bill Clerk, Revenue Division, Irrigation Department, Koshi Project, Saharsa, present posted as Clerk, Irrigation Division, Saharsa. 2.Ramadhar Sharma Vajpayee, Son of Ramanand Singh, resident of Village Birain, P.S. Daudnagar, District Aurangabad, the then Incharge Deputy Collector, Revenue Division, Irrigation Department, Koshi Project, Saharsa (Now retired). 3.Ashok Kumar Sinha, Son of Shiv Narayan Prasad, resident of Mohalla Lohiya Nagar, P.S. Begusarai Town, District Begusarai, the then Incharge Cashier, Revenue Division, Irrigation Department, Koshi Project, Saharsa. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------------ 06/- 25/11/2011 Heard Mr. Satish Chandra Jha, No. - 3 learned counsel for the petitioners and Mr. A.M.P. Mehta 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 Sections 504, 323, 342 and 386 of the Indian Penal Code and Section 3 (iii) and 3 (x) of the SC/ST Act, are named accused in this twelve years old complaint case against order taking cognizance, Cr. Misc. No. 5966 of 1999 was pending before this Court and by interim order further proceeding was stayed. Submission is that recently vide order dated 26th October, 2010 said Cr. Misc. No. 5966 of 1999 has been dismissed. Taking into consideration, the time lapsed and further submission is that the case is squarely covered under a decision of Hon’ble Apex Court in a case of “Jorgia Pentiah Vs. State of Andhra Pradesh reported in 2009 (1) BCCR 153 (SC)”. In view of the above, 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 Judicial Magistrate, 1st Class Saharsa, in connection with Complaint Case No. 60 (C) of 1999, 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 and 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.)