IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43989 of 2009 1. MAHENDRA RAI S/O LATE CHUNNI LAL RAI R/O VILL.- CHAKATH KURSI KUSIYARI, P.S.- BIDUPUR, DISTT.- VAISHALI 2. BINDESHWAR RAI S/O MAHENDRA RAI R/O VILL.- CHAKATH KURSI KUSIYARI, P.S.- BIDUPUR, DISTT.- VAISHALI 3. MANTU RAI S/O BINDESHWAR RAI R/O VILL.- CHAKATH KURSI KUSIYARI, P.S.- BIDUPUR, DISTT.- VAISHALI---------- -------------------------------------------------------------Petitioners. Versus 1. THE STATE OF BIHAR ----------- 2. 22.2.2010 Learned counsel for the petitioners seeks permission to withdraw this petition as against petitioner no.3. Permission is accorded. This application is dismissed as withdrawn as against petitioner no.3. Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that differences, if any, are there for land. Assault was made either by fists, slaps or brick which was used as a weapon and injuries if were caused by petitioners’ hand were directly not the cause of death rather death occurred after a month of the accident due to septicemia. So refusal of anticipatory bail cannot be justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner nos.1 and 2 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 the Chief Judicial Magistrate, Vaishali at Hajipur in - 2 - connection with Biddupur P.S. case no.193 of 2009 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )