IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26276 of 2011 1. Jaga Choudhary, son of late Rameshwar Choudhary 2. Jokhan Choudhary, son of Harsu Choudhary, Both resident of village – Akoraha, P.S. – Dinara, District – Rohtas. ----- Petitioners. Versus The State of Bihar ----Opposite Party --------- With Criminal Miscellaneous No.28947 of 2011 Sidheshwar Choudhary S/O Late Rajgrihi Choudhary R/O Vill. Akorha, P.S. Dinara, Distt. Rohtas(Sasaram). ------- Petitioner. Versus The State of Bihar ------Opposite Party --------- 02. 29.08.2011 Since both these applications arising out of one case being heard together and disposed of by this composite order. Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. All the three petitioners apprehending their arrest in connection with Dinara Bhanas P.S. Case No. 134/2011, pending in the court of Chief Judicial Magistrate, Rohtas, Sasaram. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner, namely Sidheshwar Choudhary, in Cr. Misc. No. 28947/2011, with a liberty to surrender before the court below 2 within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner, namely Sidheshwar Choudhary, shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application with respect to petitioner, namely Sidheshwar Choudhary, stands disposed of as withdrawn. So far as remaining two petitioners namely, Jaga Choudhary and Jokhan Choudhary, are concerned, as submitted, petitioner no. 1, Jaga Choudhary is aged about 70 years and except making utterances of the informations revealed from non-petitioner, namely, Ramashankar Choudhary, there is no allegation against him and petitioner no. 2, namely, Jokhan Choudhary, was simple member of the mob armed with lathi without any specific allegation. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioners namely, Jaga Choudhary and Jokhan Choudhary, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two 3 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Dinara Bhanas P.S. Case No. 134/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)