IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31828 of 2008 RAMESHWAR CHAUDHARY, son of Late Naresh Chaudhary, resident of village- Chak Tola,P.S. Agiaon Bazar, District- Bhojpur …….. Petitioner Versus THE STATE OF BIHAR …….. Opp.Party ----------- 5. 21/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 341, 323, 307, 504 of the Indian Penal Code and later on section 302 of the Indian Penal Code was added. In the F.I.R. there is omnibus allegation against nine persons of having assaulted the wife of the informant, who was transplanting paddy crop in the field, on the ground that the field belonged to the accused persons. From the F.I.R. it appears that when the accused persons started assaulting the wife of the informant, the informant raised alarm on which his son and other persons ran to the place upon which the accused persons fled away. Wife of the informant was taken to hospital where she succumbed to her injuries. Case diary was called for, from perusal of which it appears that the son of the - 2 - informant has said that this petitioner had assaulted the deceased on her head. Learned counsel for the petitioner submits that out of nine accused persons, one accused has been granted bail by this Court, a copy of the order whereof is annexed as Annexure-2 to this application, and other seven persons have been granted bail by the learned court below itself. He submits that from the F.I.R. it appears that on alarm being raised by the informant, his son and other persons assembled at the place and therefore it was not likely for them to have seen the specific assault by the accused persons. Except his son, no other witness has supported the case that this petitioner had assaulted the deceased on her head. In that view of the matter, this is a case of omnibus and general allegation against all the accused persons. Petitioner is in custody since 4.3.2008. Considering the facts and circumstances of the case, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the - 3 - satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Agiaon Bazar P.S.Case No.42 of 2007. Pradeep/ (J. N. Singh, J.)