IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36323 of 2011 1. Zamil Akhtar Late Akalu Mian R/O,Vill.-Belaganj,P.S.-Bairgania,Dist.- Sitamarhi – Petitioner. Versus The State Of Bihar - Opp. Party. 2 9.11.2011 Heard learned counsel for the petitioner and the State. The petitioner is accused in a case under sections 302/34 of the Penal Code. There is a case and counter case. The allegation against the petitioner is that he was armed with Tangari and co-accused Ali Akhtar was armed with sword. Both of them are said to have assaulted the mother of the informant on the head. Learned counsel for the petitioner submits that Ali Akthar has been granted anticipatory bail by this court vide Cr. Misc. No. 21829/2007 on 18.9.2007 whereas the prayer for regular bail of this petitioner had been rejected on2.6.2011. It is submitted that the petitioner has now remained in custody for about eight months and, therefore, he should be released on bail. Considering the fact that co-accused has been granted anticipatory bail, the petitioner is directed to be released on bail in Bairganiya PS Case No. 114/2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi. haque ( Sheema Ali Khan, J .)