IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17422 of 2009 RAOKI MIAN @ ZIZHEN ALI Versus STATE OF BIHAR with Cr.Misc. No.18634 of 2009 NANHE OJHA Versus STATE OF BIAHR ----------- 2 01.09.2009 Both the applications arise out of the same occurrence giving rise to Mehsi P.S. case no. 95 of 2008 instituted under Sections 307/34 of Indian Penal Code. As per the F.I.R., two motorcycles carrying altogether five persons overtook the informant. Co-accused Sattar Mian is said to have fired on the informant which fortunately did not hit the informant. Thereafter, they drove away. It is contended that co-accused Munna Mian who is similarly named without any allegation has been granted privilege of anticipatory bail by this court under order dated 18.4.2009 passed in Cr. Misc. No. 53321 of 2008. Learned counsel submits that as the allegations are identical/similar, the petitioner should also be granted the same privilege. Learned A.P.P. is not in a position to dispute the said submission. In the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks, let petitioners above named be released on bail on 2 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Mehsi P.S. case no. 95 of 2008 subject to the condition as laid down under Section 438(2) of Code of Criminal Procedure. pkj ( Kishore K. Mandal, J. )