IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31466 of 2008 MD. RUSTAM Versus STATE OF BIHAR ----------- For the petitioner - Mr. N.A. Shamsi, Adv. For the State - Mr. S.M. Rahman, A.P.P. ------------- 2. 12/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner files certified copy of the order dated 18.7.2008 passed in Cr. Misc. Case No. 21801 of 2008. Let it be kept on the record. Petitioner has been made an accused in a case instituted under Sections 302/34 of the Indian Penal Code. The informant had two wives. Five daughters and one son from one wife whereas four sons and one daughter from another wife. It is apparent from the First Informant Report that petitioner and two others namely, Md. Firoz, (son from the first wife) and his father-in-law Md. Sarfuddin are accused in the case which relates to the murder of Md. Imroz, son of Md. Usman. Learned counsel for the petitioner submits that there was land dispute between the son of the informant and his two wives. Allegation is that there were some differences and on account of that the petitioner along with others took away Imroz on the roof and killed. Though the post-mortem report supports that the deceased had one ligature mark in front of neck and then back of neck, but there is no eye-witness either of - 2 - committing murder or of taking away the deceased. Learned counsel further submits that Md. Sharfuddin has already been granted bail by a Bench of this Court in Cr. Misc. Case No. 21801 of 2008, disposed of on 18.7.2008. He submits that case of the petitioner is on similar footing to that of co-accused Md. Sharfuddin. Considering the facts and circumstances of the case, petitioner Md. Rustam is directed to 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 Chief Judicial Magistrate, Patna, in connection with Phulwarisharif P.S. Case No. 628 of 2007 (G.R. No. 5079 of 2007). S.Ali (Dr. Ravi Ranjan, J.)