IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26079 of 2008 MD.MOJAHIDUDDIN @ MD.MOJAHID Versus STATE OF BIHAR ----------- 3. 25.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 147, 148, 149, 341, 302, 379 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that he alongwith the three other co-accused made one firing each. It is submitted that the specific allegation is against co-accused Goban Yadav and Photo Yadav who fired on the chest of the deceased. It is further submitted that the postmortem report of the deceased indicates that the deceased sustained injury on his chest which led to his death. It is further submitted that deceased himself was an accused in several cases. As such, he was killed by his own people. It is further submitted that police after investigation having not found material, submitted final form against the petitioner. However, Learned Magistrate differed and took cognizance against him. It is further submitted that other accused Md. - 2 - Mahboob Ali and Zeenat Begum were allowed anticipatory bail vide order dated 15.09.2008 passed in Cr. Misc. No. 25818 of 2008 and analogous cases. A Xerox copy of the certified copy of the order has been produced which is kept in record. Having considered the submissions as noted above and the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Md. Mojahiduddin @ Md. Mojahid be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Choutham P.S. Case No. 129 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)