IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4813 of 2010 1. YOGENDRA BHAGAT 2. Satyendra Bhagat Both sons of Late Shiv Bhagat , R/o village Tineri Gopalpur, P.S. Masaurhi, District Patna …… Petitioners Versus STATE OF BIHAR …. Opposite Party ----------- For the petitioner : Mr. Satish Chandra, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. 3 15.04.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 307, 341, 323, 506/34 of the Indian Penal Code and 3 / 4 of the Dayan Act and later on Section 302 of the Indian Penal Code was added. It is submitted on behalf of the petitioners that allegation are general and omnibus against both of the petitioners of assaulting the father and brother of the informant as well as the informant. It has been stated that the petitioners assaulted the father of the informant and when the informant’s brothers came to rescue, they including the deceased were also assaulted by all the accused persons. One of them died subsequently. Learned counsel submits that one 2 of the injured, namely, Raj Kishore Bhagat, the brother of the informant, whose fardbeyan was also recorded by the police has stated that altogether 6 persons have assaulted them. Thus, it is submitted that the allegation of assault is general and omnibus against all the persons. It is further contended that there is admitted dispute which is also apparent from the first information report to the effect the petitioners were alleging that informant’s side have practicing witchcraft due which son of the petitioner no. 1 had died earlier. In the facts and the circumstances of the case, the abovenamed petitioners are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Masaurhi in connection with Masaurhi P.S. Case No. 403 of 2009. Spd/- (Dr. Ravi Ranjan, J.)