IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13770 of 2008 NIZAM & ORS Versus THE STATE OF BIHAR ----------- 2 6.5.2008 Heard on the bail petition filed on behalf of petitioners Nizam, Md. Sabdul @ Md. Sabdul Haque, Arshad Ali, Matiur Rahman, Saheb Ali and Mojibur Rahman who were in custody in connection with Paranpur P.S. Case No. 21 of 1998 (Sessions Trial No. 358 of 1998) for offence under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code pending in the court of Additional Sessions Judge, F.T.C.-V, Katihar. Heard learned counsel for the informant and learned A.P.P. for the State. It has been submitted that the FIR has been lodged at the instance of one, who happens to brother of the deceased and initially FIR has been lodged under Section 307 of the IPC while his brother was undergoing treatment and later on after death of his brother. It has further submitted that there is no chance of implication of any more accused in the FIR itself. Moreover, the specific allegation is directed against Nazarul for inflicting Bhala blow, who has been granted bail earlier. It has also been submitted that six petitioners have been added to face trial under Section 390 Cr.P.C., quantum of allegation against them at best could be said that they were members of the mob. In the facts and circumstances of the case, the petitioners above named are admitted to bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Katihar, in connection with Paranpur P.S. Case No. 21 of 1998 (Sessions Trial No. 358 of 1998). Sanjeet (Subash Chandra Jha, J.)