IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43832 of 2009 1. MD.RAFIQUE @ RAFIT 2. MD SHAFIQUE 3. MD ASHAD 4. MD ZAHIRUDDIN @ PARJA @ ZAHIRUDDIN ------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 8.1.2010 Heard learned counsel for the parties. For differences in between two full brothers for claim of their share in a piece of land, some quarrel cropped up in which only slap and fist was used though petitioners are among the participants but assuming that in a case under section 302 IPC, petitioners’ refusal for anticipatory bail is not justified as intention to kill for constituting the offence was lacking. In the facts of the case, prayer for anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Abadpur P.S.Case No. 3/2009, subject to the condition as laid down under section 438(2) Cr.P.C. A.I (Mandhata Singh, J.)