IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6832 of 2009 SHAHID @ MD.SHAHID KHAN Son of Rashid Khan, Resident of Village- Jamalpur, Bisha, P.S. and District- Sheikhpura Versus STATE OF BIHAR ----------- 3. 12.5.2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that petitioner has been shown in an F.I.R. accused having allegation regarding assault to death but in capacity of the hearsay witness while the witness examined in para 17 is clear enough that Md. Imtiaz, Md. Hasib, Lalan Thakur and Md. Nishar have specifically been alleged for the assault which are found fatal and the petitioner has been alleged for remain in presence on the spot and also he assaulted by fist and slap. Taking into consideration that co-accused Lalan Thakur in Cr. Misc. No. 2225 of 2009 has been granted bail though regular by a Bench of this Court, this petition for anticipatory bail is also allowed. In case of arrest or surrender within one month from today in Sheikhpura P.S. Case No. 435/2008, 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, Sheikhpura subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. P. Kumar (Mandhata Singh, J.)