IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29904 of 2009 1. BINOD KUMAR @ BINOD RAI 2. RAMAKANT RAI ------------------ PETITIONERS Versus STATE OF BIHAR ----------- 2 28.10.2009 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners seeks permission to withdraw this application as during the pendency of this application, petitioner no.2 Ramakant Rai has been arrested. This application is permitted to be withdrawn as it has become infructuous as against petitioner no.2. Learned counsel for the petitioners submits that the crime is committed on behalf of police official itself as petitioner is one of the licensee, his country made liquor was carrying to his shop, was seized, consumed and returned only on the order of the court below. When damage was claimed for consuming liquor, petitioners have been made accused in the case. Accordingly, prayer for anticipatory bail on behalf of petitioner no.1 is allowed but the act of police officials shall be observed in course of trial. - 2 - Petitioner no.1 Binod Kumar @ Binod Rai shall be released on bail, in the event of arrest or surrender within one month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in Bhagwanpur P.S.Case No. 151 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI