IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5748 of 2010 HIRA MAHTO @ HEERA MAHTO, S/O FAUJDAR MAHTO, R/O VILLAGE-AKILPUR, P.S.-SONEPUR, DISTRICT- CHAPRA. ……………PETITIONER. Versus THE STATE OF BIHAR. ……………OPPOSITE PARTY. ----------- 2 26.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 302 read with 34 of the Indian Penal Code. Learned counsel for the petitioner submits that occurrence happened due to land dispute. In the FIR there is general and omnibus allegation levelled against all the accused persons of having assaulted the deceased indiscriminately. From the order of the learned Sessions Judge also it does not appear that there is any allegation of specific assault by the petitioner on the deceased. Considering the above facts and circumstances of this case, this application is allowed. Let petitioner Hira Mahto @ Heera Mahto be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with 2 Sonepur P.S. Case No.125 of 2009, G.R. No. 1676 of 2009 with conditions as laid down in Sub- Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Arvind/ (J. N. Singh, J.)