IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18055 of 2008 MD.JAICK & ANR Versus THE STATE OF BIHAR ----------- 3 10.7.2008 Heard the parties. The petitioner is an accused in a case under sections 302, 201/34 of the Penal Code. The prosecution case is that Biltu along with the deceased Siya Rai Sahni went to the house of the local M.L.A. and it is said that four persons named in the F. I. R. scolded Siya Rai. Thereafter, he went to village Basahi and met the Mukhiya there and then went to Bagaha. The dead body was found at Bagaha. It is alleged that all the four persons met Siya Rai and assaulted with fists and slaps. Biltu has been examined under section 164 Cr. P. C. and according to him Md. Zeya was the person who assaulted the deceased with fists and slaps. It is submitted that there is no specific allegation against these two petitioners except that that they were present at the time of assault. Considering the aforesaid facts the petitioners, namely, 1. Md. Jaick and 2. Lal Babu Sah are directed to be released on bail in Bisfi PS Case No. 42/2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani. haque (Sheema Ali Khan, J.)