IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33074 of 2011 1.Batahu Sada, Son of Late Dilchand Sada. 2.Nawal Sada, Son of Batahu Sada. 3.Sambhal Sada, Son of Batahu Sada. 4.Krishnandan Sada, Son of Batahu Sada. 5.Sambhu Sada, Son of Sone Lal Sada. All resident of Village Basaha, P.S. Bajpatti, District Sitamarhi. -------Petitioners Versus The State Of Bihar -----Opposite Party -------------- For the Petitioners :- Mr. Pushpendra Kr. Singh, Advocate. For the State :- Mr. Umesh Lal Verma, A.P.P. --------------- 02/- 20/10/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the five petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 326, 307, 379, 504, 452 of the Indian Penal Code, are named accused in this case. After some argument, learned counsel for the petitioner seeks permission to withdraw this application as regard to petitioner no. 5 with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to petitioner no. 5, namely, Sambhu Sada stands disposed of as withdrawn. So far as remaining four petitioners are concerned, submission is that they carry general and omnibus allegation and specific allegation of overt act and inflicting injury is attributed against non-petitioner Ramashish Sada and petitioner no. 5, Sambhu Sada. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioner nos. 1 to 4 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection with Bajpatti P.S. Case No. 55 of 2011, 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 three 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.)