IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4796 of 2010 1. PURAN YADAV,son of Late Hari Yadav 2. Ajay Yadav,son of Puran Yadav Both resident of village-Simrakola, P.S.-Bank,District-Banka. Versus STATE OF BIHAR ----------- For the Petitioners :Mr. D.K.Pandey,Advocate For the State :Mr. S.A.Ahmad,Addl.P.P. ----------- 02/ 08-04-2010 It is stated by Mr. D.K.Pandey, learned counsel appearing for the petitioners, that during the pendency of this application petitioner no.1, Puran Yadav, has been apprehended by the police and, therefore, his petition for anticipatory bail has become infructuous. Accordingly, his prayer for anticipatory bail is dismissed as infructuous. Heard the parties on merit. Petitioner, Ajay Yadav, apprehends his arrest in connection with Banka P.S.Case No.186/2009 dated 03-05-2009, registered under Sections 147/341/323/447/448/380/504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that all the offences except offence under Section 380 are bailable one. He further submits that both sides are on inimical terms and some litigations are pending between them and for that reason the petitioner has been falsely made accused in the present case. He also submits that there is no specific allegation of the theft against the petitioner, Ajay Yadav, and that allegation is against other co-accused person, who has been granted bail by the court below. 2 Learned counsel for the State has also not disputed the aforesaid position. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, petitioner no.2, Ajay Yadav, shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)