IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30918 of 2009 1. MD.EHSAN 2. Md. Sahid 3. Shah Alam 4. Md. Shamim 5. Md. Sarfaraz 6. Md. Salim 7. Md. Daood Versus The STATE OF BIHAR ----------- 2/ 04.11.2009 Learned counsel for the petitioners seeks permission to withdraw the application as against petitioner no.3, since during the pendency of the application he has been arrested. Such permission is accorded. Accordingly, the application is dismissed as withdrawn as against Petitioner No.3. Heard learned counsel for the petitioners and learned counsel for the State. There is case and counter case in between the parties for the incident of the same day. The only sharp cutting injury on the head is caused by co-accused, Sah Alam, who has been arrested by the Police. Though Salim has also been shown as one of the assailants of the accused but that is not possible. There is also allegation of theft which is ornamental. Considering the facts and circumstances of the case, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Jhajha P.S. Case No. 137 of 2008, above named petitioners, except petitioner no.3 shall be released on bail on furnishing bail bond of Rs. 2 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Jamui subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)