IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13422 of 2011 1. Shravan Mahto, son of Naryan Mahto 2. Ranbir Mahto, son of ramchandra Mahto Resident of village – Chhoti rani Sakarpura, P.S. – Gangaur (Khagaria), District – Khagaria. -------- Petitioners. Versus The State of Bihar -----Opposite Party ------------ 04. 29.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, apprehending their arrest in connection with Khagaria (Gangaur) P.S. Case No. 125/2010, pending in the court of Chief Judicial Magistrate, Khagaria, are named accused in this case. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1 namely, Shravan Mahto, with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner No. 1 namely, Shravan Mahto shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 1 namely, Shravan Mahto. So far as petitioner no. 2 namely, Ranbir Mahto is concerned, he is also named accused in this case, in which brother of the informant has lost his life. In a petty land dispute, all the family members have been 2 named, he carries general allegation in this case. There is counter version also by way of Khagaria (Gangaur) P.S. Case No. 138/2010. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the petitioner No. 2, namely, Ranbir Mahto, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Gangaur) P.S. Case No. 125/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)