IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24453 of 2010 1. SANTOSH MAHTO 2. SUNITA DEVI 3. TARKESHWAR 4. CHOTELAL MAHTO ----------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 5.8.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner no.4 Chotelal Mahto has been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner no.4. For petitioner nos. 1 to 3, heard learned counsel for the parties. There is dispute in between the parties on the point of claim over a Barhal tree. Petitioner no.1 is alleged for causing assault by means of Dab on informant’s head while other petitioners are alleged for causing assault by means of Lathi on different parts of body of the informant, his wife and father while submission of learned counsel for the petitioners is that all the injuries are simple, for the differences in 2 between the parties, a proceeding under section 107 Cr.P.C. is already pending. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner nos. 1 to 3 shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Gaighath P.S. Case No. 34/10, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)