IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24086 of 2009 1. MD.MOSIM @ MOSIM, SON OF KABIRUDDIN @ PATLU 2. KALU SON OF MD. HASHIM BOTH ARE RESIDENT OF VILLAGE –KATHAMATHA, P.S. KOCHADHAMAN, DISTRICT - KISHANGANJ Versus STATE OF BIHAR ----------- 02. 28.08.2009 Jagdish/- Heard learned counsels for the petitioner and the State. The offence alleged is under sections 302/34 of the Indian Penal Code. It is submitted that petitioners are not the assailant of the deceased. As a matter of fact, the only allegation against the petitioner no.1 is that he caught the deceased alongwith the co-accused persons, whereupon co-accused assaulted and injected the deceased. So far as petitioner no.2 is concerned, there is no allegation of his participation. In the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Kishanganj in connection with Kochadhaman P.S. Case No. 106 of 2007. (Shailesh Kumar Sinha,J)