IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17147 of 2011 1.Maiuddin, Son of Late Makkhu. 2.Atabul, Son of Salim. Both resident of Village Naukatta, P.S. Pothia, District Kishanganj. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------- 05/- 14/10/2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary up to paragraph - 98 dated 30.06.2011. The two petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 341, 323, 379, 307/34 of the Indian Penal Code. After some argument, learned counsel for the petitioners seeks permission to withdraw this application as regard to petitioner no. 2 with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to petitioner no. 2, namely, Atabul stands disposed of as withdrawn. Petitioner no. 1, namely, Maiuddin is named accused in this case, but with general and omnibus allegation. Submission is that there is land dispute between the parties since before. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner no. 1 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj, in connection with Pothia P.S. Case No. 19 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)