IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.21016 OF 2009 1. MD.NISAR , SON OF LATE AZIZ MIYA @ ABDUL AZIZ 2.MOHAMMAD @ MD. GULAM, SON OF KAMRUDDIN, BOTH RESIDENTS OF VILLAGE JAMALPUR BIGHA, POLICE STATION AND DISTRICT SHEIKHPURA……….PETITIONERS VERSUS STATE OF BIHAR…………………………………………..OPPOSITE PARTY WITH CR.MISC. NO.21782 OF 2009 MD. IMTIYAZ, SON OF MD. HATIM MIYAN, RESIDENT OF VILLAGE JAMALPUR BIGHA, POLICE STATION SHEIKHPURA, DISTRICT SHEIKHPURA……………………………………………..PETITIONER VERSUS STATE OF BIHAR……………………….OPPOSITE PARTY ----------- 3. 15.10.2009 Heard learned counsels for the petitioners and learned counsel for the State. The case is under section 302 read with Section 34 of the Indian Penal Code. By order dated 20.08.2009, petitioner no.2 of Cr. Misc. No.21016 of 2009, namely, Md. Mohammad @ Md. Gulam was allowed bail by a Bench of this Court and so far as petitioner no.1 is concerned, case diary was called for. In the case diary, omnibus allegation against this petitioner as well as petitioner of Cr. Misc. No.21782 of 2009 is of having tied the hands and legs of the deceased and of having assaulted him with brick bats and iron rod as a result of which he died. It has come during investigation in the statement of one witness that deceased had illicit relation with one Nagma, niece of Imtiyaz on account of which he was - 2 - discriminately assaulted and killed. From Annexures 3 and 4 it appears that with identical allegations, other accused persons have been allowed bail by this Court. Considering the said orders of this Court, both these applications are allowed. Let petitioner no.1 of Cr. Misc. No.21016 of 2009, namely, Md. Nisar and petitioner of Cr. Misc. No.21782 of 2009, namely, Md. Imtiyaz be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in Sheikhpura P.S. Case No.435/2008 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. B.T (J.N. Singh, J.)