IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23633 of 2009 1. SHANKAR RAM 2. Gajja Ram @ Gujjo Ram 3. Budhan Ram 4. Raj Kumar Ram 5. Bhonu Ram @ Monu Ram Versus The STATE OF BIHAR ----------- 3/ 7.08.2009 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners seeks permission to withdraw the application against petitioner nos. 1, 2 and 4, inasmuch as they have been arrested during the pendency of the application. Accordingly, the application is dismissed as withdrawn against petitioner nos. 1, 2 and 4. Submission of the learned counsel for the petitioners is that one of the allegations non-bailable under Section 379 of I.P.C. is super addition only, while fire shot in the incident did not hit anyone. Enmity is there in between the parties even then petitioners are apprehending their arrest. I agree with the submission of the learned counsel. Accordingly, prayer of the petitioner nos. 3 and 5 is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Amarpur P.S. Case No. 116 of 2009, above named petitioner nos. 3 and 5 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 C.J.M., Banka subject to the conditions as laid down 2 under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)