IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10458 of 2010 1. ANWAR KHAN Son of Late Rajju Khan 2. Sarwar Khan Son of Late Rajju Khan Versus STATE OF BIHAR ----------- 4/ 06.07.2010 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case under Sections 147, 148, 149, 452, 342 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The informant Marium Khatoon alleges that seven accused persons surrounded her husband. She alleged that Anwar Khan covered the informant’s husband and thereafter rest of the accused persons opened fire, as a consequence of firing the informant’s husband Chamru Khan died. Counsel for the petitioner submits that there is no allegation of overt act against petitioner no.-2 or even petitioner no.1, so far as assault is concerned. He further submits that one of the co-accused Rudin Khan has already been granted bail. Counsel for the State submits that some of the witnesses have supported the prosecution case. The case is of the year, 2000 and the petitioners are named in the First Information Report. The petitioners are in custody since 10.11.2009. In view of the facts that the petitioners have surrendered late and also taking into consideration the nature of injury, I am not - 2 - inclined to grant bail to the petitioners. Their prayer for bail is rejected. However, they may renew their prayer for bail after 8 months. Uday/ (Samarendra Pratap Singh, J.)