IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17528 of 2011 1.Md. Mustafa, Son of Late Mian Abdus. 2.Md. Kuddus, Son of Ishak. Both are resident of Village Phulkari, P.S. Virpur, District Begusarai. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party ----------- 03/- 14.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The two petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 323, 337, 338, 324, 307, 448, 380, 504, 506 and 302 of the Indian Penal Code, are named accused in this case. After some argument, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 2 with a liberty to surrender before the court below within a fortnight and seek regular bail, where the prayer shall be considered on its own merit without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to petitioner no. 2, namely, Md. Kuddus stands disposed of as withdrawn. As far as petitioner no. 1 is concerned, submission is that though he carries allegation of assaulting one Saddam (deceased) by lathi, but no specific place is mentioned. Moreover, allegation of giving fatal blow to said Saddam is against one Md. Rabban, non- 2 petitioner. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner no. 1 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in connection with Birpur P.S. Case No. 63 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 till disposal of the case and 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.)