IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29739 of 2011 1.Raghu Yadav, Son of Vishwanath Yadav. 2.Mohan Yadav, Son of Late Dharichan Yadav. 3.Kundan Yadav, Son of Kanahi Yadav. All Resident of Village Srinagar, P.S. Srinagar Pujahan, District West Champaran. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- 03/- 17/11/2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 33 dated 15.03.2011. All the three petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 & 34 of the Indian Penal Code. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application as regard to petitioner no. 2, namely, Mohan Yadav with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to petitioner no. 2 stands disposed of as withdrawn. So far petitioner nos. 1 & 3 are concerned, submission is that though they are named, but the injuries sustained are simple in nature and on non-vital parts of the body in a petty land dispute and there is counter version also by way of Srinagar (Pujaha) P.S. Case No. 03 of 2011. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioner nos. 1 & 3 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Srinagar (Pujaha) P.S. Case No. 02 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure 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 and 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.)