IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1945 of 2009 ARIF @ MD.ARIF S/O NOOR MOHAMMAD, R/O VILLAGE- SHYAMPUR- P[ERWAKHURI, P.S.- PALASI, DISTRICT- ARARIA Versus STATE OF BIHAR with Cr.Misc. No.6795 of 2009 SHAHBAJ S/O JOBBAD, R/O VILLAGE- SHYAMPUR PAIRWAKHURI, P.S.- PALASI, DISTRICT- ARARIA Versus STATE OF BIHAR ----------- 2 18/03/2009 Above noted both the applications arise out of one occurrence i.e. Palasi P.S. Case No. 20 of 2008, have been heard together and are being disposed of by this common order. The petitioners are accused of a case which has been registered under section 302 and some other sections of the Indian Penal Code. Informant Md. Asfaque Alam alleged that 21 named accused persons encircled the informant and his brother and all of them indiscriminately assaulted the informant and his brother. It is further alleged that accused Shamshad stabbed upon Shamim whereas petitioner Shahbaj has given a rod blow, thereafter, all the accused persons further assaulted them by means of sticks which led to death of informant’s brother Shamim. Submission is that though there is specific allegation against Shahbaj regarding assault but earlier and later portion of the statement of the informant shows that there was indiscriminate assault by all the accused persons including Afroj, Imtiyaz, Perwaiz, Shamim, Taufique, Mojammil and others and aforesaid accused - 2 - persons have been admitted to bail by this court vide order dated 27.11.2008 passed in Cr. Misc. No. 45376 of 2008. Considering the facts and circumstances of the case, the petitioners above named of both the cases are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Araria in connection with Palasi P.S. Case No. 20 of 2008. avin (Shyam Kishore Sharma, J.)