IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14654 of 2010 1. BANDE LAL MEHTA 2. KAPURI MEHTA 3. MADHURI MEHTA 4. PANA LAL MEHTA 5. DINESH MEHTA 6. KAPILDEO MEHTA ------------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 3 23.7.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner no.1 Bande Lal Mehta has been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner no.1. For petitioner nos. 2 to 6, heard learned counsel for the parties. No doubt there is allegation about killing informant’s son by firing shot which is said unbelievable as there is no eye witness of the case. There was enmity in between the parties as informant was an accused in Saurbazar P.S. Case No. 220 of 1996 filed on behalf of petitioner no.1 Bande Lal Mehta. F.I.R. is to the effect that petitioners first met the deceased, provided him wine then he was done to 2 death which never can be imagined. The submission of learned counsel for the petitioners is that they are not the assailant of the deceased. Further submission of learned counsel is that title suit is also pending in between the parties. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners except petitioner no.1 namely Bande Lal Mehta shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Sourbazar (Patarghat O.P.) P.S. Case No. 17 of 2010, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)