IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31468 of 2010 1. MD. MERAJ @ MD.MERAJ ALAM son of Md. Maghan 2. Munni @ Munni Praveen wife of Md. Ali 3. Md. Ali son of late Munish 4. Md. Sahanshah son of late Md. Mokim 5. Md. Anabar son of late Munish 6. Nekhat Ara wife of Md. Anabar 7. Md. Tashrif @ Tashrif son of late Md. Mokim---------------Petitioners. Versus STATE OF BIHAR . ----------- 2. 25.10.2010 Learned counsel for the petitioners submits that petitioner no.3 has been arrested by police. As such, this application has become infructuous as against petitioner no.3 and he wants to withdraw this application as against petitioner no.3. Accordingly, this application is dismissed as withdrawn as against petitioner no.3 as it has become infructuous. Heard learned counsel for the petitioners and the State. Petitioners are alleged for causing assault by means of lathi, iron rod and khanti but save and except one injury on shoulder of Md. Istaque others are simple in nature. Injury on shoulder also never can be taken for intention to kill. Theft is ornamental. Counter case filed earlier to this case for the incident of the same day is there on record followed by previous enmity in between the parties. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from date of receipt/production of a copy of this order, above named petitioner nos.1,2, and 4 to 7 shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in 2 connection with Khagaria (Gangour) P.S. case no. 142 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J.)