IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35841 of 2010 1. GAJENDRA YADAV 2. SURENDRA YADAV @ SURENDRA KUMAR YADAV 3. BIPIN YADAV ----------------------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 2 20.1.2011 Learned counsel for the petitioners submits that above named petitioner no.3 has been arrested by the Police, as such, he wants to withdraw this application as against petitioner no.3. Accordingly, this application is dismissed as withdrawn as against petitioner no.3. For petitioner nos. 1 and 2, heard learned counsel for the parties. There is case and counter case for the occurrence of the same day. Parties are at litigating term, title suit is pending, injuries alleged are not justifying constitution of offence under section 307 IPC, theft is said ornamental to make allegation serious followed by no recovery and petitioner no.1 is only alleged for giving abuse in name of informant’s caste on ridge of the field, certainly in public view. So prayer for anticipatory bail of 2 petitioner no.1 is rejected. However, petitioner no.1 is directed to surrender in the court below and pray for regular bail which shall be decided on its own merit, if possible on the same day, without being prejudiced by this rejection order. So far petitioner no.2 namely Surendra Yadav @ Surendra Kumar Yadav is concerned, his prayer for anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner no.2 shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Bihara P.S. Case No. 54/10, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)