IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13170 of 2011 Bishundeo Choudhary, S/O-Late Chaman Choudhary Versus The State Of Bihar ----------- 03 15.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 19.11.2010 in a case initially, registered under Section 307 and other Sections of the Indian Penal Code but subsequently, converted under Section 302 of the Indian Penal Code. Petitioner is named in the first information report but there is omnibus allegation against petitioner and other accused that they mercilessly assaulted the deceased with lathi and other weapons. Learned counsel for the petitioner submits that, as a matter of fact, the deceased was a drunkard and he met an accident in drunken state and that is why when he went to the police station, the Investigating Officer found him in drunken condition. It is further pointed out by him that even if, it is assumed that petitioner participated in the alleged crime, then also, there is no specific allegation of assault against the petitioner. The aforesaid contention is accepted by learned Additional Public Prosecutor appearing for the State. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial 2 Magistrate, Nawada in connection with Sirdalla P.S. Case No. 139 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)