IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35311 of 2010 1. DAYANAND PRASAD 2. ARUN KUMAR @ ARJUN KUMAR 3. PAWAN KUMAR 4. SANJAY KUMAR 5. SHRAWAN KUMAR 6. SURENDRA KUMAR 7. RAJESH KUMAR --------------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 15.11.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner no.1 has died. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner no.1. For petitioner nos. 2,3,4,5,6 and 7, heard learned counsel for the parties. Co-accused Binod Kumar was advanced loan by the State Bank. Complainant became guarantor of the same. Allegation against the petitioners is that after vacating the tenancy building is handed over to petitioners. Submission is about petitioners having no concern with the loan or its guarantor, more over the same is paid by the loanee petitioners’ tenant. 2 Thus, 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. 2,3,4,5,6 and 7 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 Sub- Divisional Judicial Magistrate, Sheikhpura in Complaint Case No. 13C/07, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)