IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33799 of 2009 1. Rajaram Yadav, S/o Late Munar Yadav. 2. Mukesh Yadav, S/o Sri Rajaram Yadav Both are resident of Village- Amawan Nakachhed, P.S. And District-Gopalganj…………………….Petitioners. Versus The State of Bihar …………………………..Opposite Party. ----------- 2. 20. 11. 2009. Mr. Satyendra Rai, learned counsel appearing on behalf of the petitioner submits that during the pendency of this application, Petitioner No. 1, Rajaram Yadav has been arrested and as such this application as against him has become infructuous. Accordingly, this bail application as against Petitioner No. 1 is dismissed as withdrawn. Heard learned counsel for the petitioner and State. The Petitioner No. 2 apprehends his arrest in connection with Kuchaikot P.S. Case No. 176/08, registered under Sections 379 of the Indian Penal Code and Section 33/42 of the Forest Act. It is submitted that informant is own uncle of the petitioner who has made false allegation against this petitioner and his father and brother. The allegation is that they have cut the Sisam tree of the informant. As a matter of the fact, informant and the petitioner are on inimical terms, save and except litigation exists between them. Considering the facts and circumstances of the case, Petitioner No. 2 namely,Mukesh Yadav, in the event of 2 arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Kuchaikot P.S. Case No. 176/08, subject to the conditions as laid down under Section 438(2) Cr.P.C. m.p. (Shailesh Kumar Sinha, J.)