IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31282 of 2011 1.Sanatan Sharma. 2.Mani Sharma. 3.Popat Sharma. All are Sons of Sri Ram Chandra Sharma, resident of Mohalla Nalapar Hisua, P.S. Hisua, District Nawadah. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------------- 03/- 16/11/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 59 dated 26.09.2011. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 341, 323, 379, 385, 504/34 of the Indian Penal Code and Section 3(1-v) (1-x) of S.C./S.T. Act. Learned counsel for the petitioners seeks permission to withdraw this application as petitioner nos. 1 & 2 have already been arrested by the police. Permission is granted. Accordingly, this application with respect to petitioner nos. 1 & 2, namely, Sanatan Sharma & Mani Sharma stands disposed of as withdrawn as having become infructuous. Petitioner no. 3, namely, Popat Sharma is one of the named accused in this case of abuse and threatening to assault in a petty land dispute. Further, the case appears squarely covered under a decision of Hon’ble Apex Court in a case of “Jorgia Pentiah Vs. State of Andhra Pradesh reported in 2009 (1) BCCR 153 (SC)”. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner no. 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, Nawadah, in connection with Hisua P.S. Case No. 98 of 2010, 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.)