IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12527 of 2010 1. MD.QAYUM @ MD.KAIYUM 2. Md. Bhopali 3. Md. Irfan All sons of Late Umad Jin 4. Md. Budhan @ Md. Budho,son of Late Md. Junab All resident of village-Nanhkar,P.S.- Bihpur,District-Bhagalpur.. Petitioners Versus THE STATE OF BIHAR .. .. Opp.Party ----------- For the Petitioners :Mr.Umakant Prasad,Advocate For the State :Mr.Hirday Prasad Singh, Addl.P.P. ---------- 03/ 12-05-2010 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. This petition is confined to only petitioners no.1 and 3, as the prayer for anticipatory bail made on behalf of petitioners no.2 and 4 has already been dismissed as infructuous vide order dated 11-05-2010. Heard the parties. In a criminal prosecution for the offence under Section 304 of the Indian Penal Code, there is general and omnibus allegation of assault by fist, slaps and end portion of the Lathi upon the husband of the informant by all the four FIR named accused persons, as a result of which the husband of the informant became unconscious and while he was being taken to hospital for treatment, he died in the way. Learned counsel appearing on behalf of the petitioners submits that during the course of investigation independent 2 witnesses have not supported the prosecution allegation against the petitioners and final report dated 31-07-2009 vide Annexure-3 was submitted by the police and the petitioners were not charge sheeted due to lack of evidence. However, the learned Magistrate disagreed with the final report and has taken cognizance against the petitioners. Taking into consideration the facts that the police did not submit charge sheet against the petitioners in the present case as there was no sufficient evidence available on record and further there is no specific allegation of specific over act attributed against the petitioners, in that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Bihpur P.S.Case No.6 of 2009, the above named petitioners no.1 and 3 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, District-Bhagalpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)