IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28045 of 2008 GANESHI SAHNI Versus STATE OF BIHAR ----------- 03. 24.09.2008 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 13th March, 2008 in Piyar Police Station Case No. 15 of 2007 under sections 341, 323, 324, 326, 307/34 of the Indian Penal Code. Contention of the learned counsel for the petitioner is that in the FIR there is no mention of this petitioner of having played any role even to the background of the dispute. Some persons have specifically been named by the informant who happens to be the mother of the victim. Though it is not denied that the injured son of the informant also names this petitioner as one of the persons who had assaulted him but the statement however is an omnibus kind of statement and it is contended that his name has been dragged into the case at a subsequent stage based on which he has been taken in custody. Looking at the circumstance and the allegation contained in the FIR, let the petitioner Ganeshi Sahni be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Piyar Police Station Case No. 15 of 2007, with a condition that he shall neither intimidate or terrorise the informant or any witness including - 2 - the son of the informant while availing the privilege of bail. If any complaint in this regard is received the court below may consider cancelling the bail of the petitioner. rkp (Ajay Kumar Tripathi, J)