IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23472 of 2011 1. Ramesh Yadav 2. Umesh Yadav 3. Laxman Yadav 1 to 3 are sons of janeshwar Yadav @ Tapeshwar Yadav. 4. Manoj Yadav, son of Bhunesh Yadav All residents of village – Tarari Tola, Kurban Bigaha, P.S. – Daudnagar, District – Aurangabad, Bihar. --------- Petitioners. Versus The State of Bihar -------Opposite Party ****** 02. 09.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Complaint Case No. 318/2010 for the offences under Sections 147/148/149/323/ 394/341/355/356 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Aurangabad. Learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner nos. 1 and 2 namely, Ramesh Yadav and Umesh Yadav. As submitted, they have been arrested by the police. Hence, this application has become infructuous. Accordingly, this application stands disposed of as having become infructuous with 2 respect to petitioner nos. 1 and 2 namely, Ramesh Yadav and Umesh Yadav. So far as petitioner nos. 3 and 4 are concerned, they are named accused in this complaint case but with simple allegation of assisting other co-accused against whom there appears some specific allegation. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioners nos. 3 and 4 namely, Laxman Yadav and Manoj Yadav, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Complaint Case No. 318/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.) 3