1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4710 of 2010 1. MISTER S/O LATE MUZZAFFAR HUSSAIN R/O VILL.- BALASTH, P.S.- NANPUR, DISTT.- SITAMARHI 2. ASHZAD S/O LATE MASIH ALAM R/O VILL.- BALASTH, P.S.- NANPUR, DISTT.- SITAMARHI----------------Petitioners. Versus 1. THE STATE OF BIHAR ----------- 3. 20.7.2010 Heard Learned counsel for the petitioners and the State. One of the co-accused Rashid is refused anticipatory bail while another co-accused Munni Khatoon is allowed anticipatory bail. Allegation is about causing of assault by means of musal rod and piece of wood. Some of the co-accused persons including co-accused Md. Rashid are shown having piece of wood and for those including Rashid there is allegation of causing assault by musal rod and piece of wood. Co-accused Munni Khatoon and these petitioners are shown ousting informant and Manjoor Ahmad from the house and at last there is further allegation that all the accused persons including petitioners without specifying their names assaulted the deceased. Taking all the facts into consideration , anticipatory bail to Munni Khatoon is allowed while refusing bail to Rashid. Certainly petitioners are standing on the footing of Munni Khatoon and they are allowed anticipatory bail. In the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, 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 the Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection with Nanpur P.S. case no.53 of 2009 ,subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )