IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39439 of 2009 MUKESH PASHI son of late Mukhi Pashi, resident of village Madhepur, P. S. Madhepur, District Madhubani….. Petitioner. Versus STATE OF BIHAR . ----------- 2. 17.11.2009. Heard counsel for the petitioner and counsel for the State. Prayer for bail of the petitioner in this case for offence under Sections 307 and other allied offence of Indian Penal Code is sought on the ground that even if the allegation made in the first information report against the petitioner is taken to be true, he would also be at best a member of mob of 1000- 12000 persons which had ransacked the State Health Dispensary, assaulted three of its doctors and also put the ambulance on fire on the belief that the death of a patient in course of treatment was on account of negligent attitude of the doctors. Counsel for the petitioner would therefore submit that there being only omnibus allegation of assault or arson against the entire mob and nothing specific against the petitioner, who has also no criminal antecedent, his case stands at the same footing - 2 - as that of Baiju Singh and Shakoor Kunjra who having similar allegation were released on bail by order of this court dated 28.10.2009 in Cr. Misc. No. 32356 of 2009 and 35792 of 2009. Having taken the aforementioned aspect into consideration, this court would find that the case of the petitioner stands on similar footing as that of other two co-accused namely Baiju Singh and Shakoor Kunjra also named in the first information report alike the petitioner with similar omnibus allegation. That being so, this court would direct for release of the petitioner namely Mukesh Pashi on bail his furnishing bail bond of Rs.10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of CJM, Madhubani in connection with Madhepur P. S. Case No. 88 of 2009, subject to the conditions that one of the bailors must be a close family member of the petitioner preferably either his parent or his wife and further that the petitioner has got no criminal antecedent. In other words if the petitioner is facing prosecution for any other offence he would not be released on bail. - 3 - With the aforesaid observations and directions, this application is disposed of. kanchan (Mihir Kumar Jha, J.)