IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2218 of 2009 1.SHISH MOHAMMAD 2.Safirul @ Safirul Haque Both sons of Afsar Ali, resident of village-Matiyabhitta, P.S._Pothia, Dist.Kishanganj. Versus STATE OF BIHAR ----------- 2. 26.2.2009. Heard learned counsel for the petitioners and the State. The petitioners are named accused of a case which has been registered under secrtion 307 and other sections of the Indian Penal Code on the allegation that the petitioner Shish Mohammad gave a Kulhari blow on the head of Peshkar Ali whereas petitioner Safirul @ Safirul Haque gave a Kulhari blow on the head of Shariful Nisa. Submission is that there was no repetition and there was no intervening circumstance. So, offence under section 307 of the Indian Penal Code is not made. Further submission is that the informant had picked up the son of the petitioner Safirul @ Safirul Haque for which a case was lodged. The informant’s side came to the house of the petitioner Safirul and when they started pressing for withdrawal of the case there was free fight between them. A case has also been filed against the informant and others by one of the accused of this case. . Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Pothia P.S.Case No.131 of 2008. Md.S. (Shyam Kishore Sharma,J.)