C.N.Tiwary, J.

1. This is an application under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as "the Code") for grant of bail to the nine petitioners who along with others are accused in a case under Sec.396 of the Indian Penal Code.

2. Prosecution case is as follows:

On 17-8-1979 at about 7.15 P.M. 30 to 35 dacoits armed with country made guns, pistols, garasas etc. committed dacoity in the house of the informant, Md. Reazuddin, and killed his son, Kalim Akhtar. It was the month of Ramzan and having broken fast the informant was taking tea at his Darwaza. His son Mansoor Alam was taking tea in the Eastern room of his house. His another son, Kalim Akhtar, (deceased) was taking tea on the Southern Varandah of the Angan. Lantern was burning at the Darwaza and also in the Angan. Females were cooking food in the Angan. The first informant first saw only 6 unknown persons near the main gate of his house. He asked them as to who they were. They warned him to keep quiet otherwise he would be killed. They lifted him from Darwaza and took him to the Southern Varandah of the Angan. There the informant saw 30 or 35 dacoits surrounding his son, Kalim A