IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3416 of 2011 NAWAL RAI & ORS. Versus THE STATE OF BIHAR with Cr.Misc. No.9031 of 2011 SHUBH NARAIN RAI AND ANR. Versus THE STATE OF BIHAR ----------- 03/ 13.05.2011 Both the above stated petitions arise out of Aurai P.S. Case no. 57/2010 registered under section 302 and other minor sections of the IPC and, accordingly, both the above stated petitions are being disposed of by this common order. Allegedly, petitioners entered into the house of the informant and mercilessly assaulted the informant’s husband with different weapons and when the informant and other witnesses came to his rescue, they were also assaulted by the petitioners and other accused and subsequently, petitioners and other accused committed theft in the house of the informant. It is alleged that husband of the informant died in course of treatment. Learned counsels for the petitioners submit that no specific overt-act has been attributed against the petitioners and omnibus allegation of assault has been levelled against the petitioners as well as other co-accused persons. It is also pointed out by them that there was land dispute between the parties and in course of investigation, witnesses have stated that the alleged occurrence took place in the field whereas as per fardbeyan of the informant, alleged occurrence took place in the house of the informant. Learned counsel appearing for the informant opposed the 2 prayer submitting that all the petitioners and other accused mercilessly assaulted the deceased with different weapons and one injured, namely, Surendra Rai has sustained grievous injury on his head. Taking into consideration that no specific allegation has been levelled against the petitioners and furthermore, witnesses in course of investigation stated a different place of the occurrence, let the petitioners, namely, Nawal Rai, Ram Singh Rai, Babul Rai, Bajrang Rai, Ram Chhabila Rai, Shubh Narain Rai and Pandey Rai, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Aurai P. S. Case no. 57/2010. shahid (Hemant Kumar Srivastava,J)