IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41229 of 2009 1. BHAGWAN SAHNI, son of late Ram Sewak Sahni 2. Umesh Sahani, son of Sri Bhagwan Sahni 3. Mukesh Sahani, son of Sri Bhagwan Sahni 4. Pappu Sahani, sons of Sri Bhagwan Sahni 5. Shanti Devi, wife of Sri Bhagwan Sahani 6. Satia Devi, wife of Dinesh Sahani All are residents of vill.-Naya Tola Mehsaul, P.S.& Distt.-Sitamarhi------------- -------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR . ----------- 2. 10.12.2009 Learned counsel for the petitioners submits that petitioner no.4. Pappu Sahani, has been arrested by the police. As such, this petition has become infructuous as against petitioner no.4. Accordingly, this application is dismissed as it has become infructuous as against petitioner no.4. Heard learned counsel for the petitioners, Mr. Ajay Kr. Sinha, learned counsel for the informant and the State. There is land dispute in between the parties. Only one of the accused persons namely Dinesh Sahani has been alleged for blowing knife on vital part while for petitioners there is vague and omnibus allegation of using fatta lathi. Further super-added allegation of theft is also made which in itself goes to show that informant himself was believing that no case under section 307 of the Indian Penal Code was made out. 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 petitioner nos.1,2,3, 5 and 6 shall be released on bail on furnishing bail bond 2 of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. case no.556 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Let this order be sent through fax at the cost of the petitioners. Sudip ( Mandhata Singh,J )