IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34942 of 2009 1. MD.ZIYAUDDIN 2. Md. Akhlaque Versus The STATE OF BIHAR ------ 2/ 23.11.2009 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.2, inasmuch as he has been arrested during the pendency of the application. Permission is accorded. Accordingly, the application of petitioner no.2 is dismissed as withdrawn. Heard learned counsel for the petitioners and learned counsel for the State. There is case and counter case for the incident of the same day goes to show that there could not be a case under Section 384 of I.P.C. and allegation of causing assault by means of leg is also clear about constituting no offence under Section 307 I.P.C. against this petitioner, while in the incident fersa allegedly used but injury appeared simple in nature only. Accordingly, the prayer of the petitioner no.1 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 Bakhari P.S. Case No. 40 of 2009, above named petitioner no.1 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 C.J.M., Begusarai subject to the 2 conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)