IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27416 of 2011 1.Ram Nandan Rai, S/O Late Suraj Rai. 2.Manoj Rai @ Manoj Kumar Yadav, S/O Ram Nandan Rai. 3.Bimlesh Rai @ Bimlesh Kumar, S/O Ram Nandan Rai. 4.Kailash Rai, S/O Late Achailal Rai. All residents of Village Masha, P.S. Parihar, District Sitamarhi. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party ----------------- 02/- 08.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The four petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 323, 341 and 379 of the Indian Penal Code and Section 3(x) of S.C./S.T. (Prevention of Atrocities) Act, are named accused in this protest complaint case. Submission is that on the basis of Complaint Case No. 1478 of 2009, Vaishali (Hajipur) (SC/ST) P.S. Case No. 691 of 2009 was instituted, wherein, after investigation final form was submitted, which was accepted and the matter proceeded on protest complaint. Further, submission is that the case is of simple assault which is also 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)”. Considering the facts and circumstances of the case, 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, Sitamarhi, in connection with Complaint Case No. C-I/1364/2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or 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. Praveen/ ( Akhilesh Chandra, J.)