1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36063 of 2009 1. RAJESH SAHNI S/O SITARAM SAHNI VILL.- SEDHA BARJI, P.S.- MOTIPUR, DISTT.- MUZAFFARPUR 2. RAJENDRA SAHANI S/O SITARAM SAHNI VILL.- SEDHA BARJI, P.S.- MOTIPUR, DISTT.- MUZAFFARPUR Versus STATE OF BIHAR . with Cr.Misc. No.36125 of 2009 LAXMAN SAHNI S/O LATE TENI SAHNI VILL.- SERA BARJI, P.S.- MOTIPUR, DISTT.- MUZAFFARPUR Versus THE STATE OF BIHAR with Cr.Misc. No.37006 of 2009 1. RAMASHISH SAHNI, son of Late Tenni Sahni, resident of village Sera Barji, P.S. Motipur, District Muzaffarpur 2. Indrajeet Kumar, Son of Ramashish Sahni, resident of village Sera Barji, P.S. Motipur, District Muzaffarpur Versus STATE OF BIHAR . with Cr.Misc. No.37007 of 2009 1. JALANDHAR SAHNI, son of Gagandeo Sahni, resident of village Sera Barji, P.S. Motipur, District Muzaffarpur 2. Mahesh Sahni, son of Bilas Sahni, resident of village Sera Barji, P.S. Motipur, District Muzaffarpur Versus STATE OF BIHAR . ----------- 2. 30.10.2009 Heard counsel for the petitioners and the counsel for the State in all these four applications. It is said that an unlawful assembly of nine persons including seven of the petitioners herein, namely, Rajesh Sahni, Rajendra Sahani, Laxman Sahni, Ramashish Sahni, Indrajeet Kumar, Jalandhar Sahni and Mahesh Sahni, alongwith one Sitaram Sahni and Pramod Sahni had assaulted the deceased leading to his death. Such an omnibus allegation in the F.I.R., however, in course of investigation has been crystallized by pointing out that the fatal injury was caused by Sitaram Sahni who had assaulted the deceased by a Sarhat an instrument used for fishing. Counsel for the petitioners have explained that the nine penetrating injuries which are said to 2 have been found on the person of deceased by the doctor in course of conducting the postmortem report are attributable to one blow of Sarhat as it is having several pointed angles and therefore, such penetrating injuries, nine in number, on left side of chest was caused by only one blow by Sarhat allegedly given by Sitaram Sahni. Apart from this injury there is only one other injury on the person of the deceased, namely, bruise and fracture of ribs which also cannot be said to be caused by any of these persons in view of omnibus allegation which has not been clarified or specified against the petitioners even in course of investigation. Counsel for the petitioners in all the cases, except in the case of Laxman Sahni, have made a categorical statement that none of the petitioners except Laxman have any criminal antecedent. It is only in the case of Laxman Sahni that the counsel has stated that prior to becoming his blind (at present he is said to be totally blind) he had been made accused in one case u/s 395 I.P.C. Considering that there is an omnibus allegation of assault against the petitioners and the specific allegation of assault is against Sitaram Sahni and to some extent on Pramod Sahni of causing the fatal injury, this Court is inclined to grant bail to all these seven petitioners on the following conditions: (i) All the petitioners must furnish at least one bailor of a close family relative preferably either of their parents or wife. 3 (ii) The petitioners shall not only receive the police paper in time but would also remain present in course of trial on regular basis and their absence on two consecutive dates will automatically entail the consequence of cancellation of their bail. Subject to the aforementioned conditions, the abovenamed petitioners are directed to be released on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M. (West), Muzaffarpur in Motipur P.S.Case No. 64/2009. (Mihir Kumar Jha,J.) Surendra/