IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18758 of 2011 Jalal Ahmad Versus The State Of Bihar ---------------------------------- For the petitioner : Mr. Satish Chandra Mishra, Adv. For the State : Mr. Uma Shankar Pd. Singh, APP ***** 03. 02.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Korha (Routara) P.S. Case No. 24/2011, pending in the court of Chief Judicial Magistrate, Katihar, is one of the named accused in this case appears instituted on the basis of complaint case no. 150/2011. Submission is that on mere suspicion the complainant not only filed the complaint but transmitted to its copy to different authorities, on basis whereof present case was instituted. Under similarly situated circumstances co-accused Muzahid Hussain @ Muzahir Hussain has already been granted privilege by a Bench of this court vide order dated 08.04.2011 passed in Cr. Misc.No. 11615/2011. Specifically considering the fact that the original complaint case itself is permitted to be withdrawn and since on inquiry it was found to be instituted on mere mistake of fact. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Korha (Routara) P.S. Case No. 24/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years 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. Rajeev/ ( Akhilesh Chandra, J.)