IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32687 of 2011 1. Md. Fateh Khan, son of Md. Imtiaaz Khan 2. Md. Imtiaaz Khan, son of Late Nazam Khan Resident of village – Barakar, P.S. – Rajgir, District –Nalanda. ------- Petitioners. Versus The State of Bihar -----Opposite Party ****** With Criminal Miscellaneous No.38040 of 2011 Md. Sanni Khan @ Md. Sanni S/O Md. Imtiaaz Khan Resident of Village - Barakar , P.S.- Rajgir, District- Nalanda. ------Petitioner. Versus The State of Bihar -------Opposite Party ***** For the petitioners : Mr. Manish, Adv. For the State : Md. Fahimuddin, APP ******* 03. 12.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Rajgir P.S. Case No. 105/2011 for offences under Sections 341/323/307/504 of the Indian Penal Code. In Cr. Misc. No. 32687/2011, earlier this application was disposed of as withdrawn with respect to petitioner no. 1 namely, Md. Fateh Khan, son of Md. Imtiaaz Khan, vide order dated 18.10.2011. Learned counsel for the petitioners seeks permission to withdraw Cr. Misc. No. 32687/2011 with respect to petitioner no. 2 namely, Md. Imitaaz, son of late Nazam Khan, with a liberty to surrender before the court below within a fortnight and seek regular bail, where prayer for regular bail of the petitioner shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Permission is granted. Accordingly, this application stands disposed of as withdrawn. In Cr. Misc. No. 38040/2011, petitioner is one of the named accused in this case with allegation of inflicting simple injuries upon informant by the butt of a pistol in a petty land dispute having no criminal antecedent. If, it is so, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged 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, Nalanda, Biharsharif, in connection with Rajgir P.S. Case No. 105/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)