IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16858 of 2010 1. BINOD SAH @ ARVIND KUMAR 2. Brijnandan Sah 3. Madan Sah Versus The STATE OF BIHAR ----------- 3/ 21.06.2010 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.2 inasmuch as during the pendency of the application, he has been arrested. Such permission is granted. Accordingly, the application of petitioner no.2 is dismissed as withdrawn. Heard learned counsel for the petitioners and learned counsel for the State. Incident of assault cropped up due to differences of distribution of fishes in which also petitioner no.1 has not been shown assailant to the deceased, while petitioner no.3 has been shown causing assault by means of fists and slaps which find no corroboration in postmortem report. Specifically allegation for assault is against co-accused Briksha Baitha and Binay Sah but petitioners are apprehending their arrest which never can be justified at the moment. Taking that into consideration, prayer of the 2 petitioners no. 1 and 3 are 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 Gobardhana P.S. Case No. 02 of 2010, above named petitioners no. 1 and 3 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 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.)