IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17710 of 2009 MD.NAUSHAD Versus STATE OF BIHAR ----------- 2 28.05.2009 Heard both sides. The petitioner seeks bail in a case instituted under sections 302/34/384 of Indian Penal Code. As per allegation in the F.I.R., the accused persons named in F.I.R including the petitioner arrived at the darwaja of the informant. It is alleged that exchange of abuses took place whereafter co-accused Md. Raju assaulted indiscriminately the brother of the informant. Further prosecution case is that when Md. Ratlam tried to intervene, he too was assaulted by aforesaid Md. Raju. It is contended on behalf of the petitioner that so far as the petitioner is concerned, there is absolutely no specific allegation of assault. He was merely an on looker. Referring to the averments made in paragraph 7, it has been contended that the I.O. has found his house close to the house of the informant and as such his presence at the place of occurrence is some what natural. It is further contended that he is in custody since 7.11.2008 and that he has a fair antecedents. In the facts and circumstances of the case, let petitioner abovenamed be directed to be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two 2 sureties of the like amount each to the satisfaction of Sessions Judge, Muzaffarpur in Sessions Trial No. 221 of 2009 (arising out of Muzaffarpur Town P.S. case no. 416 of 2008). pkj ( Kishore K. Mandal, J. )