IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40829 of 2011 Sukh Chandra Bhagat, S/O-Julmi Bhagat Versus The State Of Bihar ---------------------------------- 02 14.12.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case initially registered under Section 307 and other minor sections of the Indian Penal Code but later on, after death of the informant Section 302 of the Indian Penal Code was also added. Petitioner is named in the first information report but no specific overt-act has been attributed against the petitioner rather it is stated that it was co-accused Ramchandra Bhagat who gave farsa blow to the deceased whereas co-accused Shiv Chandra Bhagat gave farsa blow to son of the informant. So far as petitioner is concerned, an omnibus allegation of assault has been levelled against him. Learned counsel for the petitioner submits that no doubt, the deceased has sustained altogether seven injuries on his person and most of them were found on the head of the deceased but it is not specific in respect of the petitioner that it was petitioner who had caused the aforesaid injuries. It is further submitted by him that learned court below has committed an error on record noting down in the impugned order that petitioner had given farsa blow to injured Mahesh. Considering the aforesaid facts and circumstances as 2 well as submissions of the parties, particularly, keeping in mind the allegation levelled against the petitioner in Ferdbeyan of the deceased as well as this aspect of the matter that the alleged occurrence took place on account of land dispute, 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 Magistrate, Darbhanga in connection with Simri P.S. Case No. 128 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)