IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26257 of 2009 1. SEIKH NAZIR 2. Seikh Hamid Versus 1. The STATE OF BIHAR 2. Seikh Nasrullaha @ Nasrullah Khan ------ 2/ 26.08.2009 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners seeks permission to withdraw the application against petitioner no.1, inasmuch as he has been arrested during the pendency of the application. Permission is accorded. Accordingly, the application is dismissed as withdrawn against petitioner no.1. Petitioners have been made accused for kidnapping informant’s son for ransom, who later came back his home. After investigation, accusation was found false. So, Police recommended for a proceeding under Sections 182 and 211 of the I.P.C. Reacting thereof, protest petition was filed and cognizance is taken without caring the recommendation of the Police and petitioners are apprehending their arrest which in my view is also not justified. Accordingly, the prayer of the petitioner no.2 is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case No. 154 of 2006 arising out of Bagaha P.S. Case No. 9 of 2005, above named petitioner no. 2 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten 2 thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Bagaha (West-Champaran) subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)