IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19843 of 2011 Md. Osama @ Md. Azad Versus The State Of Bihar ---------------------------------- 4 09-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.11.2010 in a case initially registered under Section-307 & other minor sections of the Indian Penal Code but after five days of the alleged occurrence, the case was converted under Section-302 of the Indian Penal Code. Although a general and omnibus allegation of assault has been levelled against the petitioner and other co-accused in Fardbeyan of the informant, Arif who happens to be an injured witness of the present case but it would appear from submission of the parties that in course of investigation, some witnesses stated that the petitioner gave one lathi blow on the head of the deceased. It would appear from Annexure-2 to this petition that Araria P.S. Case No. 476 of 2010 has been lodged against the informant of this case and others for the offence under Section- 307 & minor sections of the Indian Penal Code on the basis of fardbeyan of the petitioner. Therefore, the aforesaid facts clearly suggest that a free fight had taken place between the parties and in the aforesaid free fight, the deceased sustained one lathi blow on his head at the hands of the petitioner. - 2 - Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Md. Osama @ Md. Azad be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Araria P.S. Case No. 475 of 2010 to the satisfaction of Chief Judicial Magistrate, Araria. AKV/- (Hemant Kumar Srivastava,J.)