IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12513 of 2008 ------- JITENDRA KUMAR Versus STATE OF BIHAR ----------- 3. 18.7.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Chakia P.S. Case No.103/2003 amalgamated with Chakia P.S. Case No.180/2002 (Trial No.3020 of 2007) for the alleged offences registered under sections 302 and 304/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that on perusal of the F.I.R., as contained in Annexure 1, it appears that the police case was later amalgamated with complaint case filed by the son of one of the deceased, as contained in Annexure 2. It is further submitted that on perusal of the first F.I.R., it would appear that the said case was registered against unknown and further on perusal of the complaint it would appear that although the petitioner has been named, but there is no specific allegation of assault on the part of the petitioner. There is general 2 and omnibus allegation that other accused persons were present with Lathi and Danda etc. Learned counsel appearing on behalf of the State on perusal of the case diary is not in a position to refute the submissions made on behalf of the petitioner. In view of the submissions, as noticed above, and on perusal of the allegations made in the F.I.R. as well as averments made in the petition, it is directed that petitioner Jitendra Kumar, in the event of his arrest or surrender in connection with Chakia P.S. Case No.103/2003 amalgamated with Chakia P.S. Case No.180/2002 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri P.K. Singh Srinet, Judicial Magistrate, Ist Class, Motihari, in connection with the aforesaid cases, on the conditions mentioned in sub- section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)