IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13612 of 2009 1. INDRADEO CHOUDHARY, son of late Devan Choudhary @ Dev Narayan Choudhary, resident of village-Gabas, P.S.-Beldaur, District-Khagaria 2. Mishri Sada, son of late Fallu Sada, resident of Mushahari, P.S.-Chautham, District-Khagaria--------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 28.4.2009 Learned counsel for the petitioners seeks permission of this Court to withdraw the petition as against petitioner no.2, Mishri Sada, since he has already been arrested by the police. Permission is accorded. This application is dismissed as withdrawn as against petitioner no.2. The submission of learned counsel for the petitioner is that though F.I.R. concerns with firing in between the two criminal groups resulting into a case under sections 302, 307 and other allied sections of the Indian Penal Code in which petitioners’ name along with others appeared in course of investigation and three of them, namely, Anandi Yadav, Janardan Yadav and Latru Singh, were apprehended, faced trial but acquitted finding the evidence not sufficient and petitioner no.1 is also apprehending his arrest on the same evidence which never can be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Chautham P.S. case no.73 of 1996, the 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 - 2 - amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )