IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55768 of 2007 SK. TAMIJUDDIN & ORS Versus STATE OF BIHAR ----------- 4 5.5.2008 Heard learned counsel for the petitioners and the State. It is stated that the petitioner no.10, Sk.Hanif, has already been arrested and as such he prays to withdraw this application. This application is dismissed as being infructuous in respect of aforesaid petitioner. So far the case of petitioner Nos.1 to 9 and 11 to 12 is concerned, they apprehend arrest in a case under Sections 147 and 379 of the Indian Penal Code. It is submitted that there was title suit pending between the parties, as a result of which this false case has been filed It is further submitted that apart from it other cases have also been filed with false allegation against the petitioners. It is further submitted that annexure-3 would go to show that the suit has already been dismissed in default which proves the allegation against these petitioners as false. Having regard to the facts and circumstances, in the event of arrest or surrender within four weeks of receipt of this order, the petitioner nos.1 to 9 and 11 and 12, namely, Sk Tamijuddin, Sk. Kutha, Shahjuddin, Sk.Ramesh, Sk.Kekaru, Sk.Nazir, Langru, Hasibul ,Anis, Mushtaq and Noor Mohammad shall be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of Sri S.P. Mishra - 2 - Judicial Magistrate, 1st Class, Katihar in C.A.Case No.731 of 2003 subject to conditions as laid down under Section 438(2) Cr.P.C. B.Jha (Ghanshyam Prasad)