IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40298 of 2008 1. MD. AZIMUDDIN 2. MD. JALALUDDIN 3. MD. KALIMUDDIN 4. MD. LUKMAN ANSARI 5. MD. ASGAR @ AUDAWALA ………….PETITIONERS Versus STATE OF BIHAR …………OPPOSITE PARTY With Cr.Misc. No.40562 of 2008 1. MD.MONIS 2. MD. YUNUS @ MD. YUNIS ……………PETITIOINERS Versus STATE OF BIHAR ……………OPPOSITE PARTY ----------- 2. 15.10.2008. Heard both the sides. Petitioners apprehend their arrest in a case under Section 144 besides some other sections of Indian Penal Code. It is submitted that these petitioners are not named in the FIR. The real fact is that Md. Subhan committed murder of one Md. Moti and in retaliation the entire villagers consist of 250 persons set on fire the house of Md. Subhan. These petitioners have falsely been implicated in this case as members of mob only. Thus, having regard to the facts and circumstances of the case, in case of arrest or surrender before the Court below within four weeks from the date of receipt of this order, petitioners namely, Md. Azimuddin, Md. Jalaluddin, Md. Kalimuddin, Md. Lukman Ansari, Md. Asgar @ Audawala, Md. Monis and Md. Yunus @ Md. Yunis are directed to be released on bail on their furnishing bail bond of Rs.5000/- (five thousand) each with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P. S. Case No. 76 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. KANCHAN (Ghanshyam Prasad, J.)