IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18511 of 2009 IMTIYAZ ALAM, son of Sadique Mian, resident of village-Jiyey, P.S.-Siwan Muffasil, District-Siwan --------------Petitioner. Versus STATE OF BIHAR ----------- 2. 6.7.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that quarrel cropped up for removing of slab over a drainage causing hindrance in passing through the path way connected by that slab. In primary investigation, according to the learned counsel for the petitioner, petitioner’s name did not appear but requisition is sought against him also while rest of the accused persons specifically alleged for causing assault including one Mahfooz Alam, who has been alleged for hitting the deceased by means of a pipe, has been allowed bail. In the case earlier section 307 of the Indian Penal Code was attributed which after the death of Arti Kumari was converted into under section 302 of the Indian Penal Code. Cancellation of bail moved of the co-accused was refused and petitioner having lesser allegation is apprehending his arrest. Having regard to the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order 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 C.J.M., Siwan, in connection with Siwan Muffasil P.S. case - 2 - no.251 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )