IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31475 of 2010 1. SINGESHWAR SINGH son of late Bachcha Singh 2. Dhananjay Singh son of Singeshwar Singh 3. Sanjeev Singh @ Gipu Singh son of Rameshwar Singh----------Petitioners. Versus STATE OF BIHAR . ----------- 2. 25.10.2010 Learned counsel for the petitioners submits that petitioner nos.1 and 3 have been arrested by police. As such, this application has become infructuous as against petitioner nos.1 and 3 and he wants to withdraw this application as against them. Accordingly, this application is dismissed as withdrawn as against petitioner nos.1 and 3 since it has become infructuous. Heard learned counsel for the petitioner and the State. Petitioner along with two others is alleged for pushing the deceased on railway track is denied that it was an accident only that after thorough investigation final form exonerating all the accused persons was filed and only on protest –cum-complaint cognizance is taken. Difference was there in between the parties and petitioners are apprehending their arrest which never can be justified at the moment. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from date of receipt/production of a copy of this order, above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Gopalganj, in case no.C-2599/07(Tr. No.952/10) arising out of Mirganj P.S. case 2 no.226 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J.)