IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6146 of 2011 1. Dasai Mahto, son of late Bajit Mahto 2. Shyam Lal Mahto, son of Dasai Mahto 3. Babu Lal Mahto, son of Dasai Mahto 4. Manoj Mahto @ Manoj Kumar, son of Dasai Mahto All are resident of village – Mesha, P.S. – Kathaiya, District – Muzaffarpur. ------- Petitioners. Versus The State of Bihar ---Opposite Party ***** 05. 16.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Kathaiya P.S. Case No. 31/2010, for the offences under Sections 147/323/307/379/504/34 of the Indian Penal Code, pending in the court of Sub-Divisional Judicial Magistrate (West), Muzaffarpur. In view of the earlier withdrawal of application as regard to petitioner nos. 1 and 3 namely, Dasai Mahto and Babu Lal Mahto, this application is heard only for petitioner nos. 2 and 4 namely, Shyam Lal Mahto and Manoj Mahto @ Manoj Kumar, who are named accused in this case of assault and snatching of some cash and ornaments etc. Submission is that under similarly situated circumstances some of the co-accused have already been granted privilege by a Bench of this court vide order dated 03.05.2011 passed in Cr. Misc. No. 35788/2010. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioner nos. 2 and 4 namely, Shyam Lal Mahto and Manoj Mahto @ Manoj Kumar, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Kathaiya P.S. Case No. 31/2010, 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.)