IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25361 of 2009 1. BINOD KUMAR RAI @ BINOD RAI 2. MD ARZOO ----------------- petitioners Versus STATE OF BIHAR ----------- With Cr.Misc. No.30120 of 2009 SUKHWA BHAGAT @ SUKU KUMAR BHAGAT @ PANKAJ BHAGAT Versus STATE OF BIHAR ----------- 2 17.8.2009 Heard learned counsel for the petitioners and the State. Both the applications have been heard together as they arise out of the same P.S. case number. Cr.Misc.No. 25361 of 2009 Learned counsel for the petitioners seeks permission to withdraw this application as during the pendency of this application, petitioner no.1, Binod Kumar Rai @ Binod Rai has been arrested. This application is permitted to be withdrawn as it has become infructuous as against petitioner no.1. For petitioner no.2 Md Arzoo and petitioner Sukhwa Bhagat @ Suku Kumar Bhagat @ Pankaj Bhagat of Cr.Misc.No. 30120 of 2009, learned counsel submits that similarly situated - 2 - co-accused persons have been allowed anticipatory bail by a Bench of this Court vide Cr.Misc.No. 47584 of 2007 with Cr.Misc.No. 53974 of 2007 and the case of the petitioners is similar and identical to that of co-accused. In that view of the matter, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners (except petitioner no.1, Binod Kumar Rai @ Binod Rai) of Cr.Misc.No. 25361 of 2009) 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 Chief Judicial Magistrate, Katihar in Azamnagar P.S.Case no. 57 of 2007 subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI