IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11172 of 2009 1. ARBIND KUMAR CHAUDHARY, S/o late Shiv Shankar 2. Jaikant Kumar, S/o Keshev Mandal Versus The STATE OF BIHAR ----------- 2/ 17.04.2009 Learned counsel for the petitioner seeks permission to withdraw the prayer of petitioner no.1, inasmuch as he has been arrested. Accordingly, the prayer of petitioner no.1 is dismissed as withdrawn. Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that petitioner no.1 is alleged for acting directly, as premises in question was given to him on monthly rental till 1995. He renewed the same in continuation till 2015 by submitting a forged deed which was created for the rental from 2007 to 2015 without explaining remaining of petitioner no.1 for such a long period without any extension. Furthermore, petitioner is not the beneficiary. He may be genuine or forged that is the matter of concern in between the informant and petitioner no.1. If that is taken in consideration, petitioners’ arrest cannot be justified at the moment. Considering the facts and circumstances of the case, the prayer of the petitioner no.2 is allowed. In the event of arrest or surrender within one month from today in connection with Gogari P.S. Case No. 156 of 2008, G.R. No. 1794 of 2008, above named petitioner no.2 shall be released on bail 2 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)