IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11203 of 2009 1. AKIL AHMAD 2. NAJMAL HAQUE 3. JUMMAN AHMAD 4. ABDUL KHABIR @ KHABIR AHMAD ---- PETITIONERS Versus STATE OF BIHAR ----------- 2 16.4.2009 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners seeks permission to withdraw the application on behalf of petitioner no.2 as he has already been arrested in seisin of the case. The prayer is allowed and the application is dismissed as withdrawn as against petitioner no.2. The submission of learned counsel for the petitioners is that there is enmity in between both the families. Criminal case for offences under sections 341, 342, 323, 325 and 307/34 IPC filed on behalf of brother of petitioner no.1 against father and other family members of the informant which is pending and only to pressurize this case is lodged with super added allegation which never can be based for petitioners’ arrest at the moment. I agree with the submission. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Chiraiya P.S.Case No.142 of 2008, except petitioner no.2, the above named petitioner nos. 1,3 and 4 shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each - 2 - with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Sikrahana at Motihari, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI