IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42969 of 2009 RAJU DAS, Sonof Suresh Das, resident of Village- Sahu Parbatta, P.S. Parbatta, District Bhagalpur. Versus STATE OF BIHAR With Cr.Misc. No.39729 of 2009 Nirmal Kumar Nirala @ Bipin Das son of late Bouku Das, resident of Village Sahu Parbatta (Botal Tola0, P.S. Parbatta, District Bhagalpur. Versus STATE OF BIHAR ----------- 2 17/12/2009 Heard counsel for the petitioners in both the cases as also counsel for the State. The prayer for bail on behalf of petitioner Raju Das (petitioner in Cr. Misc. No.42969 of 2009) for the offence under sections 302 and other allied sections of the Indian Penal Code is sought on the ground that there has been omnibus allegation of assault against the petitioner and the persons having similar allegation including co- accused Anil Das, Promod Das, Rajesh Das, Vijoy Das, Ajoy Das and Sanjay Das have already been released on bail by two orders of this Court dated 11.9.2009 and 25.11.2009 in Cr. Misc. No.32506 of 2009 and Cr. Misc. No.40195 of 2009 respectively. Considering the aforementioned facts and taking into account that the petitioner Raju Das has also no criminal antecedent as stated in paragraph 14 of the bail application, this Court would direct the petitioner, namely, 2 Raju Das (petitioner in Cr. Misc. No.42969 of 2009) to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Naugachia, District- Bhagalpur in Parbatta P.S. Case No.45 of 2009 (G.R. no.402 of 2009), subject to the condition that one of the bailer of the petitioner must be his close family members preferably either of the parents. Coming to the prayer for bail of petitioner Nirmal Kumar Nirala @ Bipin Das (petitioner in Cr. Misc. No.39720 of 2009), this Court would find in the aforementioned two orders dated 11.9.2009 and 25.11.2009 that he has been described as the main assailant. Mr. Vivekanand Singh, learned counsel appearing on behalf of the petitioner, however, would try to distinguish the case of petitioner Nirmal Kumar Nirala on the ground that the allegation of assault on the person of the deceased is not confined only against the petitioner Nirmal Kumar Nirala, but also against others who too are said to have assaulted with iron rod. Mr. Singh, in fact, has also submitted that even the Investigating Agency at the inception while preparing the Inquest Report had been informed that the injuries on the person of the deceased was caused by both the iron rod and the butt of the pistol. 3 Mr. Singh further adds that as a matter of fact if the petitioner Nirmal Kumar Nirala had any intention to kill the deceased nothing had prevented in straightway shooting the deceased by his pistol and therefore the allegation of using of Butt portion of the pistol by him seems to be apparently absurd. In the opinion of this Court, the aforesaid submission of learned counsel for the petitioner could have been accepted if cause of death as found by the doctor could not have been the head injury. Moreover there is consistent support to the earliest version of the Informant that it was this petitioner who had caused the fatal head injury with the Butt portion of the pistol on the head of the deceased. In fact doctor conducting the postmortem has also found head of the deceased to be totally smashed and therefore there being a direct allegation of specific overt-act of causing head injury against the petitioner Nirmal Kumar Nirala which also stands corroborated by the cause of death in the postmortem report it would be difficult to hold that his case stands on the similar footing as that of the other co-accused who have been granted bail by this Court. The petitioner Nirmal Kumar Nirala in fact is the main assailant and consequently not entitled for bail for the present. In the result, the prayer for bail of petitioner 4 Nirmal Kuma Nirala @ Bipin Das (petitioner in Cr. Misc. NO.39729 of 2009) is rejected with a direction to the trial court to expedite his trial. Abhay Kumar (Mihir Kumar Jha, J.)