IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9293 of 2009 MD.AFTAB SHEIKH @ AFTAB SHEIKH @ MD.AFTAB, son of Md. Israil, resident of village-Dhai Harna P.S.Rajoun, Distt.-Bnaka----- ---------------------------------------------------------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 15.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that informant of the case is father of the deceased and eye witness of the incident but has not named this petitioner as one of the assailants or the person accompanying the accused persons. His name appeared at belated stage while injured Rizwan named his name only as a member of the mob without averting any overt act and enmity, if any, or difference was in between Rizwan and Mahtab. So, refusal of anticipatory bail basing the above circumstance cannot be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Rajoun P.S. case no.131 of 2003, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )