IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.390 of 2009 1.TABIR HUSSAIN @ SATRUGHAN MIAN 2.SABIR MIAN @ SABBIR MIAN BOTH SONS OF LATE MD.HUSSAIN MIAN RESIDENT OF VILLAGE BRAHIMPUR,P.S.MASHRAKH,DISTRICT SARAN Versus STATE OF BIHAR ----------- 2/ 12.2.2009 Heard learned counsel for the petitioners, learned Addl.P.P. and learned counsel appearing for the informant. The petitioner apprehends arrest in a case which was initially registered for offences under Sections 324,323 and 379/34 of the Indian Penal Code but later on vide order dated 19.7.2008 Sections 147,148,149, 308 and 504 of the Indian Penal Code were added. The petitioners are named accused. One of the named accused is Jabbar Mian. The allegation against petitioner no.1 is of giving stab blow upon the head of the informant whereas the allegation against petitioner no.2 is of causing injuries to Siraj Uddin and Yunus Ansari. Co-accused Sajjad Hussain has snatched a golden chain worth Rs.8,000/-. Assault was also given by Munna Mian and Jabbar Mian. Relying upon annexure-2 learned counsel for the petitioners submits that at the same date and time accused no.6 Jabbar Mian of the present case was assaulted for which prior to the present case Mashrakh P.S.Case No. 62 of 2008 for offences under Sections 324,323 and 341/34 of the Indian Penal Code was lodged but after death of Jabbar Mian, Section 302 and some other Sections were added. Further submission is that the injury sustained by Afzal Imam, informant of this case, was described to be simple in nature. The opinion of injury no.1 was kept reserved. The injury received by Sirajuddin was also described to be simple in nature. It is also stated that the implication of the accused persons is on account of the assault to Jabbar Mian by the sons of informant of this case and others who later on died. The prayer for bail of the petitioners has been opposed by the learned counsel appearing for the informant and has submitted that the accused persons have tried to kill the informant and other persons and Section 308 of the Indian Penal Code has been added later on. It appears that there is case and counter case and one of the victims of counter case has died. Considering the facts and circumstances of the case, this application is allowed and both the petitioners named above are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Mashsrak P.S.Case No. 63 of 2008, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)