IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43211 of 2008 MOSARAF KHAN , SON OF LATE SHAH NAZAR KHAN, RESIDENT OF VILLAGE PURE KOTHI, P.S. KALER, DISTRICT ARWAL Versus STATE OF BIHAR ----------- 3/ 12-02-2009 Heard. The prayer for bail of the petitioner was earlier dismissed by a Bench of this Court in Miscellaneous Petition No. 3550 of 2008, considering that the petitioner had bore the allegation of pressing neck of the mother of the informant by his leg besides joining another accused Mudda Khan who pushed down the lady from the roof. The prayer for bail was dismissed at that particular stage probably considering that there was no postmortem report in support of the allegation which was appearing against the petitioner and others. The contention is that co-accused Mudda Khan and others who were carrying the allegation of committing the offence, have been admitted to bail vide Annexure-6 seris. The learned Additional Public Prosecutor concedes that there was no postmortem as the dead body was presented before the police. The defence is that the petitioner filed a case in respect of the same occurrence which is Annexure-2. There appears an enmity between the parties from before. Let the above named petitioner be released from custody on furnishing bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Kaler P.S.Case No. 21 of 2007. BTiwary/ ( Dharnidhar Jha, J )