IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5743 of 2010 MOZBULLAH @ MOZBULLAH MIAN, S/O DAROGA MIAN, R/O VILLAGE-SANGRAMPUR, P.S.-FULWARIA, DISTRICT-GOPALGANJ. ………………PETITIONER. Versus THE STATE OF BIHAR. ……………OPPOSITE PARTY. ----------- 2 26.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 341, 323, 504, 307 read with 34 of the Indian Penal Code and later on Section 302 was added. It is submitted that as per the FIR there is no allegation against the petitioner of having assaulted the deceased. It is submitted that due to land dispute on the spot, the deceased was assaulted by some other accused persons on account of which, later on, he died. Learned counsel for the State submits that from the order of the Sessions Judge, it appears that during the investigation some witness has said that the petitioner assaulted the deceased with lathi. Considering the above submissions of learned counsel for the parties, this application is allowed. Let petitioner Mozbullah @ Mozbullah Mian be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten 2 thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Fulwaria P.S. Case No.92 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Arvind/ (J. N. Singh, J.)