IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1972 of 2011 SURESH YADAV, S/O-LATE SUKHDEO YADAV Versus THE STATE OF BIHAR ----------- 05 21.06.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Admittedly, the alleged occurrence took place on 11.06.2010 whereas the Ferdbeyan of the informant was recorded on 15.06.2010. It is alleged that on the alleged date of occurrence while deceased was sitting at his door petitioner went there and abused him and also pushed the deceased and, thereafter, gave one brick blow at the left panjra of the deceased. It is further alleged that the petitioner and other accused mercilessly assaulted the deceased with dagger and other weapons. The post-mortem report of the deceased reveals that three ribs were found broken. The contention of learned counsel for the petitioner is that according to prosecution case itself, the alleged occurrence took place on account of land dispute. It is further pointed out by him that when the deceased was examined by the doctor of P.H.C., Darauli the said doctor did not find any sign of broken ribs and furthermore, he pointed out that the deceased was never admitted in District Hospital, Siwan rather his post-mortem was done at the aforesaid hospital. It is further contended by him that even if, the prosecution story assumed to be true, then also, there was no intention of the petitioner to commit the murder of the deceased. 2 Considering the aforesaid facts and circumstances of the case as well as submissions of the parties particularly, this aspect of the matter that there is omnibus allegation of assault against petitioner as well as other accused, 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, Siwan in connection with Darauli P.S. Case No. 68 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)