IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15081 of 2010 1. LAL BABU RAI, son of Chandrika Rai. 2. Asharfi Rai, son of Bhikhari Rai, Both residents of village – Jaithar, P.S. – Taraiya, District – Saran (Chapra). ------------- Petitioners. Versus THE STATE OF BIHAR ------ opposite Party. ******** For the petitioners : Mr. Vijay Shankar Shrivastav, Adv. For the State : Mr. Rajesh Kumar, Adv. ********* 02. 18.05.2010 Heard learned counsel for the petitioners and State. The two petitioners apprehend their arrest in connection with Taraiya P.S. Case No. 93/2009 instituted for the offences under Section 307/34 of the Indian Penal Code and ¾ of the Explosive Substance Act. After some argument, learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.1 namely, Lal Babu Rai. Accordingly, prayer of bail of petitioner no.1 is dismissed as withdrawn. So far remaining solitary petitioner no.2 namely, Asharfi Rai, is concerned, he carries allegation of being order giver and almost under similarly situated circumstance, co- accused Manoj Rai @ Manoj Kumar Rai has been granted the privilege by order dated 15.03.2010 in Cr. Misc. No. 3048/2010 on certain condition of another Bench of this court. The conditions imposed are equally applicable against the petitioner also. 2 Considering the facts and circumstances of the case, in the event of his arrest/surrender within three weeks from today, let the petitioner namely, Asharfi Rai, is directed to release 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, Saran at Chapra in connection with Taraiya P.S. Case No. 93/2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Rajeev/ (Akhilesh Chandra, J.)