IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10980 of 2010 SRI BHAGWAN SINGH @ SRI BHAGWAN YADAV, Son Sri Ram Bachan Yadav, Resident of village Khewali, P.S. Murar, District Buxar …. Petitioner Versus STATE OF BIHAR ……. Opposite Party ----------- For the petitioner : Dr. Kamal Deo Sharma, Advocate For the State : Mr. Abhimanyu Sharma, A.P.P. For the informant : Mr. Ram Subhas Singh, Advocate ---------- 2 09.04.2010 Heard learned counsel for the petitioner the State and the informant. The petitioner seeks bail in a case registered under Sections 341, 323, 504, 307/34 of the Indian Penal Code and later on Section 302 was added after the death of the injured i.e. the husband of the informant. It has been stated in first information report that the dispute with regard to properties of the family upon the order of the petitioner his son, namely, Binod Yadav, has brutally assaulted his uncle, i.e., the brother of this petitioner, due to which he sustained injury and he had subsequently died during the treatment after 4 days. It is submitted on behalf of the petitioner 2 that from the first information report it is manifest that at best the petitioner was merely an order giver and not the assailant and there is dispute with regard to property within the family. Learned counsel for the informant submitted that, in fact, the actual fardbeyan was recorded in Kurji Holy Family Hospital, Patna, wherein it has been stated that all 4 accused persons had assaulted to the petitioner. In reply, the learned counsel for the petitioner submitted that the subsequent statement, is obviously an after thought , however, even if the same is assumed to be the fardbeyan no specific allegation of overt act against the petitioner has been made rather there is a general and omnibus allegation against all the four persons. In the facts and the circumstances of the case, the petitioner, SRI BHAGWAN SINGH @ SRI BHAGWAN YADAV, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial 3 Magistrate, Buxar, in connection with Murar P.S. Case No. 1 of 2010, Spd/- (Dr. Ravi Ranjan, J.)