IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2864 of 2010 1. Vishori Mahaldar, son of Chhattu Mahaldar 2. Pramod Yadav, son of Kewal Yadav @ Kewal Mahaldar Versus STATE OF BIHAR ----------- 2. 07.04.2010 It is stated by Mr. Indu Bhushan, learned counsel for the petitioners that during the pendency of this application, petitioner no.2 Pramod Yadav has been arrested by the police and therefore, his petition has become infructuous. Accordingly, prayer for anticipatory bail made on behalf of petitioner no.2 is dismissed as infructuous. Petitioner Vishori Mahaldar apprehends his arrest in connection with Sarsi P.S. Case No.71/2009 dated 20.09.2009 registered under Sections 379 and 411 of the I.P.C. It is submitted by learned counsel for the petitioner that one pumping set belonging to informant was stolen by some unknown thieves. Subsequently, aforesaid pumping set was seized from the house of co-accused Md. Farooque. He also submits that petitioner is not alleged to have participated in the commission of theft of the pumping set in question and stolen article has not been recovered either from the house or possession of the petitioner. Learned counsel appearing for the State has opposed the prayer for anticipatory bail. 2 Be that as it may, in the circumstances, let the petitioner no.1, in the event of his arrest/ surrender before the court below within four weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sarsi P.S. Case No.71 of 2009 subject to the condition laid down under Section 438 (2) of Cr.P.C. V.K. Pandey (Birendra Prasad Verma, J.)