IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33866 of 2011 1. Md. Juhi, Son of Md. Basheer, Resident of Village Narherpur, PS Bajpatti, District Sitamarhi. 2. Md. Mozakkil @ Md. Muzakkir, Son of Md. Jamshed, Resident of Village Madaripur, P.S. Bajpatti, District Sitamarhi. ------ Petitioners. Versus The State Of Bihar ------- Opposite Party ----------- 2 25.10.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are seeking bail in a case under Sections 147, 148, 149, 323, 307, 302, 448 and 504 of the Indian Penal Code. From the First Information Report, it appears that one Muzakkil was killed when he entered the house of Phaguni Sharma with the intention to commit theft. In retaliation thereto the persons named in the First Information Report including Nanhe surrounded the house of the informant along with 50-60 other persons and committed murder of Phaguni Sharma. Learned counsel for the petitioners submits that petitioner no. 1 is not named in the First Information Report whereas it is submitted that the case of petitioner no. 2 is similar to the case of Dulare and Nanhe. Both the petitioners have been named in the First 2 Information Report as well, and, therefore, they should be released on bail. Considering that similarly situated accused persons have been granted bail by this Court vide Cr. Misc. No. 26749 of 2011 and Cr. Misc. No. 24996 of 2011 on 28.9.2011, the above named petitioners should be released on bail on 1.12.2011 considering that they have surrendered after a great delay in connection with Bajapatti P.S. Case No. 7 of 2004 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Pupri at Sitamarhi. Sanjay (Sheema Ali Khan, J.)