IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24949 of 2011 1.Aslam Ansari @ Aslam, Son of Maksud. 2.Suleman, Son of Auli Ansari. 3.Md. Aarif @ Arif, Son of Usman. 4.Arsad Ansari @ Arsad, Son of Maksud. 5.Rahbul @ Md. Rahbul, Son of Auli Ansari. All Residents of village Baoraha, Ward No. 9, P.S. Birpur, District Supaul. ---------- Petitioners Versus The State of Bihar. -------- Opposite Party ----------- 02/- 18/08/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the petitioners apprehend their arrest, in connection with G.R. No. 327 of 2010, arising out of Birpur P.S. Case No. 110 of 2010 for the offences punishable under Sections 147, 148, 149, 341, 323 and 308 of the Indian Penal Code. After some arguments, learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner no. 2, with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, where his prayer shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to petitioner no. 2, namely, Suleman, stands disposed of as withdrawn. The remaining four petitioners, who are named accused, but against petitioner no. 1, namely, Aslam Ansari @ Aslam, petitioner no. 4, namely, Arsad Ansari @ Arsad and 2 petitioner no. 5, namely, Rahbul @ Md. Rahbul, there is general and omnibus allegation, whereas, against petitioner no. 3, namely, Md. Aarif @ Arif allegation is of causing simple injury by lathi on the left hand of one Sarfuddin in a dispute relating to land. There is counter version also by way of Birpur P.S. Case No. 111 of 2010. 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 i.e. petitioner nos. 1, 3, 4 & 5 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 Chief Judicial Magistrate, Supaul, in connection with G.R. No. 327 of 2010, arising out of Birpur P.S. Case No. 110 of 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 two years 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.)