IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30196 of 2011 1.Basudeo Yadav, Son of Late Pairu Yadav. 2.Raju Kumar Yadav @ Raju Yadav, Son of Jamadar Yadav. Both residents of Village Mayapur, P.S. Barachatti, District Gaya. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- For the Petitioners :- Mr. Nikhilesh Kumar, Adv. For the State :- Mr. Lalan Kumar, A.P.P. ------------------ 02/- 29/09/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The two petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code. Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no. 2 as he has already apprehended. Hence, the application becomes infructuous. Accordingly, the application with respect to petitioner no. 2, namely, Raju Kumar Yadav stands disposed of as withdrawn as having become infructuous. Petitioner no. 1, namely, Basudeo Yadav is one of the named accused in this case of assault. Submission is that that there is counter version also by way of Barachatti P.S. Case No. 216 of 2010 at the instance of co-accused Shiva Yadav, who carries specific allegation of assaulting the informant. Whereas, petitioner carries general and omnibus allegation and it is a free fight between the parties, wherein, both sides sustained some injuries, but on non-vital parts. 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. 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 Sub- Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Barachatti P.S. Case No. 217 of 2010, 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 two years 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.)