IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27400 of 2011 1.Arun Prasad, Son of Late Dharamnath Prasad. 2.Pinku Kumar, Son of Ramnath Prasad. 3.Niraj Prasad, Son of Late Dharamnath Prasad. 4.Nagendra Prasad, Son of Late Badari Prasad. 5.Rajan Kumar, Son of Ramnath Prasad. All Resident of Village Mathia, P.S. Lauriya, District West Champaran. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party ---------------- 02/- 08.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the five petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 147, 341, 323, 324 and 379 of the Indian Penal Code, are named accused in this case of assault due to some land dispute. After some arguments, learned counsel for the petitioners seeks permission to withdraw the application with regard to petitioner no. 3 with a liberty to surrender before the court below, where his prayer shall be considered on its own merit without being prejudice of instant withdrawal. Permission is granted. Accordingly, the application with respect to petitioner no. 3, namely, Niraj Prasad stands disposed of as withdrawn. As far as remaining four petitioners are concerned, submission is that there is general allegation against them and there is counter version also by way of Lauriya P.S. Case No. 64 of 2010. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners i.e. petitioner nos. 1, 2, 4 & 5 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Lauriya P.S. Case No. 65 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/ ( Akhilesh Chandra, J.)