IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16489 of 2011 Md. Shahabuddin, S/o Md. Hussaini, resident of villae Jhajhihat P.S. Pupri Kothi, District Sitamarhi…………………………………Petitioner Versus The State Of Bihar………….Opposite Party ---------------------------------- 5 24.10.2011 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant. This application has been filed under Section 438 of the Code of Criminal Procedure. The case is under Sections 341, 323, 307 read with Section 34 of the Indian Penal Code. Petitioner is not named in the first information report. The first information report was lodged by the mother of the victim on 01.09.2009 on receiving information from one Awdhesh Mandal that her son had been brutally assaulted by named accused including one Md. Hussaini, father of the petitioner, whose name was disclosed to her by the witnesses. Case diary was called for and from the case diary it appears that three 2 witnesses, who were examined by the police soon after institution of the case, did not name the petitioner as one of the assailants. Petitioner has been made an accused on the petition filed by the informant on 27.01.2010. Learned counsel for the informant submits that the victim was brutally assaulted on account of which he was referred to P.M.C.H where he was in unconscious state and admitted in I.C.U. He was discharged on 03.11.2009. Thereafter he was brought to Arvind Hospital, Patna. Subsequently, he went to New Delhi for specialized treated in Ganga Ram Hospital. After coming back, the informant filed a petition in which he disclosed that petitioner was also one of the assailants. Considering the fact that three eye-witnesses, who were examined by the police soon after institution of the case, did not disclose the name of the petitioner as one of the assailants, where his father was consistently named by them as one of the co-accused, this application 3 is allowed. Petitioner (Md. Shahabuddin) is directed to surrender before the court of Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Pupri P.S. case No.168 of 2009 within four weeks from today and in the event of his surrender within that period or his arrest, the court below shall allow him bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to its satisfaction, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. BT (J. N. Singh, J.)