IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8030 of 2009 1. ASHOK SINGH 2. MANOJ YADAV @ MANOJ KUMAR 3. KRITYANAND PASWAN 4. SURAJ PASWAN @ SAROJ PASWAN 5. RAMAN PASWAN 6. BABLU PASWAN 7. JAMIL AKHTAR @ MD JAMIL AKHTAR …. PETITIONERS Versus STATE OF BIHAR ----------- 2. 8.4.2009 Heard learned counsel for the petitioners and the State. Learned counsel seeks permission to withdraw the application for anticipatory bail on behalf of petitioner no.3, Krityanand Paswan as he has been arrested during the pendency of the application. The application is permitted to be withdrawn as against opposite party no.3. The act of the present Mukhiya who is the informant of this case was opposed. There was grudge to her as wife of accused Bimal Mandal had contested election against the informant, so making false and super added allegation, all the petitioners have been made accused in the case. According to learned counsel, the allegation is super addition and no case under section 307 IPC is made out as only the neck was pressed that of her husband by roping by gamchha. There is further allegation of petitioners entering into the house of the informant but under the discussed and suggested circumstances, petitioners’ arrest cannot be justified. I agree with the same. In the event of arrest or surrender within one month from - 2 - today in Jankinagar P.S.Case No.34 of 2008, the above named petitioners except petitioner no.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 Chief Judicial Magistrate, Purnea, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI