IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44723 of 2009 1. NURUL ISLAM 2. FAKHRUL ISLAM 3. MD IMTEYAZ --------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 3 6.4.2010 Heard learned counsel for the parties. Once death is occurred that is unfortunate but the deceased or victims’s family would not be allowed to make allegation of their choice and not the reality. In the case, seven persons have been alleged for causing assault by means of Lathi, Danda and Farsa and single injury found on the person of the deceased allegedly due to fall on pitch road also may never justify refusal of anticipatory bail. Thus, having regard to the facts and circumstances of the case, 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 the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Benipur (Darbhanga) 2 in Bahera (Ali Nagar) P.S. Case No. 234 of 2009, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)