IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23310 of 2009 1. BIKRAM DAS , son of late Rameshwar Das 2. Sitaram Das, son of late Rameshwar Das 3. Santosh Kumar Das, son of Sitaram Das 4. Ram Udgar Das, son of late Sukram Das, All are resident of village-Kamepatti, P.S.-Ladania, District-Madhubani----- --------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 3. 6.8.2009 Learned counsel for the petitioners wants to withdraw this application as against petitioner no.1. This application is dismissed as withdrawn as against petitioner no.1. There is case and counter case for the incident on the same day in which co-accused Ram Udgar Das and Sita Ram Das have been alleged for causing injury by garasa and lathi respectively and petitioner no.3 by means of fists and slaps. The injuries were found simple. Allegation of theft is super-addition and that is also against Ram Udgar Das and Sita Ram Das. Even then petitioner no.3 is apprehending his arrest which can never be justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner no.3 shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Ladania P.S. case no.27 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )