IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25877 of 2011 1. Jogrosan Choubey @ Jagrasan Choubey, son of late Bhagwati Choubey. 2. Dhuman Choubey, son of late Bhagwati choubey 3. Abhay Pandey, son of Sriram Pandey 4. Nirbhay Kumar Pandey @ Nirbhay Pandey, son of Sriram Pandey 5. Manoranjan Choubey, son of Dhuman Choubey 6. Baliram Choubey, son of Jogrosan Choubey 7. Mantosh Choubey, son of Dhuman Choubey 8. Sri Krishna Pandey, son of Late Ganga Pandey All are resident of village Laukariya, P.S. – Bairiya, District – West Champaran. ------ Petitioners. Versus The State of Bihar -------Opposite Party -------- 02. 26.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the eight petitioners, apprehending their arrest in connection with Bairiya P.S. Case No. 187/2010, pending in the court of Chief Judicial Magistrate, West Champaran, Bettiah, are named accused in this case relating to land dispute and inflicting injuries upon the informant and others. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 4 namely, Nirbhay Kumar Pandey @ Nirbhay Pandey, 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. 4 may be considered by the court below on its own merit without being prejudice of instant withdrawal. 2 Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 2 namely, Nirbhay Kumar Pandey @ Nirbhay Pandey. So far as remaining seven petitioners are concerned, though named, but nothing specific attributed against them. There is counter version also by way of Bariya P.S. Case No. 197/2010. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named seven petitioners namely, Jogrosan Choubey @ Jagrasan Choubey, Dhuman Choubey, Abhay Pandey, Manoranjan Choubey, Baliram Choubey, Mantosh Choubey and Sri Krishna Pandey, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bairiya P.S. Case No. 187/2010, 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.)