IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30389 of 2011 1.Dharmendra Ram, Son of Late Ram Awatar Ram. 2.Sanjay Sah, Son of Dina Nath Sah. Both are residents of Village Jagdishpur, P.S. Bijayipur, District Gopalganj. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------- For the Petitioner :- Mr. Krishna Chandra, Advo. For the Informant :- Mr. Rakesh Kumar Sinha, Advo. For the State :- Mr. Anuj Kumar Shrivastava, A.P.P. ------------- 02/- 30/09/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act, are named accused in this case. After some argument, in view of some sort of criminal antecedents against petitioner no. 2, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to surrender before the court below within a fortnight and seek regular bail, where the prayer shall be considered on its merit without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to petitioner no. 2, namely, Sanjay Sah stands disposed of as withdrawn. So far petitioner no. 1 is concerned, though he is named, but without any specific allegation which is attributed against only upon non-petitioner, Dharmendra Gupta. Further, submission is that this petitioner (petitioner no. 1) has no criminal antecedent. If it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner no. 1 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, in connection with Bijaipur P.S. Case No. 60 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)