IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16159 of 2010 1. LALENDRA PRAJAPATI @ NUNNU 2. SUKHU PRAJAPATI 3. SHEO SHANKER PRAJAPATI ----------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 3 21.6.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner no.1 Lalendra Prajapati alias Nunnu has been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner no.1 Lalendra Prajapati alias Nunnu. Heard learned counsel for petitioner nos.2 and 3. The submission of learned counsel for the petitioner nos.2 and 3 is that a complaint was originally filed in the year 2004 which was sent for registering F.I.R., the matter was thoroughly investigated and was found false as the complaint was set up by one Baijnath Singh against whom petitioner no.1 was an eye witness in a case filed against him vide Complaint Case No. 813/04. Now on protest only cognizance is 2 taken and petitioner nos. 2 and 3 are apprehending their arrest which never can be justified at the moment. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner nos.2 and 3 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Kaimur at Bhabua in Complaint Case No. 1152 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)