IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31849 of 2008 1.RAJDEO SAH, son of Late Rupnarayan Sah 2.BRIJKISHORE MAHTO, son of Late Jatan Mahto 3.RAMDEO SAH, son of Late Rupnarayan Sah All resident of Village Singhpur, P.S. Sathi, District West Champaran ---- Petitioners Versus STATE OF BIHAR ----------- 3. 23.3.2009 It is submitted on behalf of the petitioners that petitioner no.1 Rajdeo Sah has been arrested during the pendency of this application and as such this application, as against him, has become infructuous. This application as against petitioner no.1 Rajdeo Sah is, thus, dismissed as infructuous. Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners, who is apprehending their arrest in connection with Sathi P.S. Case No.57/2007, is under sections 323, 307 and 504 of the Penal Code and section 27 of the Arms Act. It is submitted that the specific allegation of firing by firearms is on the part of petitioner no.2 Brij Kishore Mahto. So far as the allegation against petitioner no.3 Ramdeo Sah is concerned, the only allegation is of assaulting by lathi and that too not on the head. Considering the facts and circumstances of the case, let the petitioner no.3 Ramdeo Sah, in the event of his arrest or surrender in connection with Sathi P.S. Case No.57/2007 within a period of four weeks from today, be enlarged on bail on furnishing 2 bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. So far as the prayer for anticipatory bail made on behalf of petitioner no.2 Brijkishore Mahto is concerned, in view of the nature of allegation levelled against him, I am not inclined to grant bail to him. This application as against him is, accordingly, rejected. PNM (Shailesh Kumar Sinha, J.)