IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23876 of 2009 1. MD.AFTAB 2. MD.MURSHID 3. MD.KHURSHID 4. MD.ASAB @ ASHAD ALL SONS OF MD.KAMRUDDIN, RESIDENT OF VILLAGE ROSHANDIH, MAHADEO SIMARIA, P.S. SIKANDRA, DISTRICT JAMUI …PETITIONERS Versus STTAE OF BIHAR ----------- 2 11.8.2009 Heard counsel for the petitioners and the State. The petitioners are accused in a case under section 307 of the Penal Code to which section 302 of the Penal Code was added later on. It is alleged by the informant that while her father and her younger brother were lying in a cot, the accused persons armed with lathi entered in her house and assaulted her father as a result of which he sustained injuries. It is specifically stated that accused Md. Imtiaz pressed the neck of her younger brother Md. Shahe Alam. Leaned counsel for the petitioner submits that there is no allegation that these petitioners have assaulted the father and brother of the informant. He further submits that the post mortem report would show that the deceased Istekhar @ Shahe Alam did not die of pressing of neck. He submits that co-accused Md. Kamruddin having similar allegation to that of the petitioners has been granted bail by the court below. In the facts and circumstances of the case, the petitioners Md.Aftab, Md. Murshid, Md. Khurshid and Md. Asab @ Ashab are - 2 - KHAN directed to be released on bail in connection with Sikandra P.S. Case No.166 of 2005 on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui subject to the conditions that they will not physically absent themselves from the court below for two consecutive dates till three witnesses are examined in trial. (S.P.Singh,J)