IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36326 of 2009 1. BIRA RAI, S/O SINGESHWAR RAI VILL- SAMERA NIJAMAT, P.O.+P.S. SAHEB GANJ & DISTT. MUZAFFARPUR 2. RAM SAGER RAI, S/O SINGESHWAR RAI VILL- SAMERA NIJAMAT, P.O.+P.S. SAHEB GANJ & DISTT. MUZAFFARPUR 3. RAMESH RAI, S/O SINGESHWAR RAI VILL- SAMERA NIJAMAT, P.O.+P.S. SAHEB GANJ & DISTT. MUZAFFARPUR ….. Petitioners Versus THE STATE OF BIHAR ……… Opposite Party. --------- For the Petitioner:- Mr. S.S.P. Yadav, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. --------- 4. 13.11.2009. Heard learned counsel for the State and learned A.P.P. appearing on behalf of the State. Allegation against the petitioners and others are of assaulting the father of the informant, namely, Jaleshwar Rai, who later on succumbed to death. It is submitted on behalf of the petitioners that the allegation are general and omnibus against several persons of assaulting with lathi, iron rod, etc. There is no specific allegation as to who had assaulted the deceased and upon which part. Petitioner is stated to be in jail custody since 15.05.2009. It is also stated that the informant is not the eye witness of the occurrence. Learned counsel for the State submitted that the son of the informant had also sustained injuries and he was an - 2 - eye witness and he has fully supported the statements made in the first information report. Having regard to the facts and circumstances of the case as also the fact that the petitioners along with others had assaulted the deceased causing his death, I am not inclined to grant bail to the petitioners for the present. This application is rejected. However, if the petitioners are so advised, they may renew the prayer of bail after six months. dk ( Dr. Ravi Ranjan, J. )