IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13524 of 2009 MUMTAZ KHAN, SON OF LATE ASHFAQUE KHAN, RESIDENT OF VILLAGE CHURESAR, POST OFFICE RAMDIHRA, P.S. REOHTAS (AMJHOR), DISTRICT ROHTAS Versus STATE OF BIHAR ----------- 3. 10.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 302 and other sections of the Indian Penal Code, Sections 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. The prosecution story is that about 40 to 50 persons surrounded the house of the informant and dragged out his uncle and killed him. It is stated that the informant after four and half months of the occurrence disclosed the name of the petitioner showing that the petitioner had some enmity with the deceased on account of the election of the Secretary of the School Committee and even in the protest petition filed after six months, a copy whereof is annexed as Annexure-3, the informant had not named the petitioner. It is stated that in identical circumstances, one co-accused has been granted - 2 - bail by this Court which will be evident from Annexure-4. Considering the fact that the petitioner has not been named in the protest petition filed even after six months by the informant and considering the fact that in identical circumstances, one co-accused has been granted bail, the application is allowed. Petitioner (Mumtaz Khan)is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram in connection with Rohtas (Amjhor) P.S. Case No.80/2007. B.T (J.N. Singh, J.)