IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29622 of 2011 1. Madan Sharma, son of Late Dwarika Sharma 2. Indal Kumar Sharma @ Indar Sharma @ Indal Sharma, son of Madan Sharma. Both are residents of village – Dudha, Mathia, P.S. – Majhaulia, District – West Champaran. --------- Petitioners. Versus The State of Bihar ------Opposite Party ****** For the petitioners : Mr. Akhileshwar Kumar Shrivastav, Adv. For the State : Ms. Sharda Kumari, APP. ***** 02/- 22.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, apprehending their arrest in connection with Majhaulia P.S. Case No. 95/2011 for the offences under Sections 341/323/324/307/379/504/34 of the Indian Penal Code, are named accused in this case. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 2 namely, Indal Kumar Sharma @ Indar Sharma @ Indal Sharma, with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner no.2 shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 2 only. So far as petitioner no. 1 is concerned, as submitted, he carries allegation of being order giver only, nothing more is attributed against him. There is previous enmity between the parties also. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner no. 1 namely, Madan Sharma, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhaulia P.S. Case No. 95/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, 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.)