IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1201 of 2011 1. MD. MUSTAQUE 2. MD. ASHFAQUE BOTH SONS OF MD. ALAUDDIN Versus THE STATE OF BIHAR ----------- 02 22.02.2011 Heard learned counsel for the petitioners as well as learned Public Prosecutor for the State. Petitioners seek their bail in connection with Madhwapur P.S. Case No. 66 of 2003 registered under Sections 147, 341, 323, 448, 380, 504, 307 of the Indian Penal Code and subsequently, Section 302 of the Indian Penal Code was also added. Petitioners along with other accused are named in the First Information Report with allegation that they assaulted the informant’s wife, informant’s mother-in-law and informant’s niece with lathi and danda as a result of which the aforesaid persons sustained injuries and in course of treatment, informant’s mother-in-law died on account of the above stated injuries. At the very outset, learned counsel for the petitioners points out that learned Additional Sessions Judge, Fast Track Court-IV, Madhubani has committed an error on record by mentioning this fact that the bail petition of these petitioners had already been rejected up to the Apex Court of this country. He submits that, as a matter of fact, anticipatory bail petition of the petitioners has been rejected up to the Apex Court of this country. He further submits that having more or less similar allegation almost all the accused persons have already been released either on anticipatory bail or on regular bail and no specific overt act has been attributed against these petitioners. In view of the aforesaid submissions as well as facts and circumstances of the case, above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with above stated Madhwapur P.S. Case No. 66 of 2003. Shahzad (Hemant Kumar Srivastava, J )