IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17150 of 2009 1. SHEO NATH RAI 2. KHEDU RAI 3. UMESH RAI 4. JHULAN RAI 5. BHAGWAN RAI 6. ACHCHELAL RAI 7. KANHAIYA RAI -------------------- PETITIONERS Versus STATE OF BIHAR ----------- 3 4.1.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during pendency of this application, petitioner nos.1, 2,4,5,6 and 7 have been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner nos. 1, 2,4,5,6 and 7. For petitioner no.3, Umesh Rai, the submission of learned counsel for the petitioner is that there is a case and counter case for incident of the same day in between the parties due to land dispute. Co-accused namely Udai Rai and Moghal Rai who have specifically been alleged for stabbing, have been allowed bail by this Court, as injuries are found simple in nature. Petitioner no.3 is alleged for no such overt act even apprehending his arrest which never can be justified. In the circumstances, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner no.3 namely, Umesh Rai shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with 2 two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in Baniyapur P.S.Case No. 204 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. A.I (Mandhata Singh, J.)