IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26749 of 2011 Dulare @ Mustafa @ Mustafa Hayat, S/O-Late Sikandar Hayat Versus The State Of Bihar with Cr.Misc. No.24996 of 2011 Nanhe @ Mujitwa Hussain @ Mustafa Hussain, S/O-Late Jakariya Versus The State Of Bihar ----------- 03 28.09.2011 Both the above stated petitions arise out of Bajpatti P.S. Case No. 07 of 2004 initially, registered under Section 307 and other minor sections of the Indian Penal Code but subsequently, Section 302 of the Indian Penal Code was also added and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. It would appear from perusal of the first information report that one Muzammil entered into the house of one Faguni Sharma with intent to commit theft but he was killed by aforesaid Faguni Sharma and in retaliation to the above stated killing, petitioners and several other accused persons totally 50 to 60 persons dragged the informant’s brother-in-law and committed his murder. Considering the aforesaid facts and circumstances as well as this aspect of the matter that there is case and counter case between the parties and no specific overt-act has been attributed against these petitioners, let the petitioners be released on bail on 2 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Pupari at Sitamarhi in connection with Bajpatti P.S. Case No. 07 of 2004. SHAHZAD ( Hemant Kumar Srivastava, J.)