IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42914 of 2009 1. SUMER MAHTO, S/O LATE RAM BHAJU MAHTO. 2. CHHATHU MAHTO 3. HULASH MAHTO BOTH ARE SON OF LATE RAJA MAHTO, ALL RESIDENTS OF VILLAGE-CHOTAKA TEGHRA, P.S.- MAHARAJGANJ, DISTRICT-SIWAN. ……………PETITIONERS. Versus THE STATE OF BIHAR ……………OPP. PARTY. ----------- 2 21.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 147, 148, 149, 341, 323, 452, 504, 302 and 201 of the Indian Penal Code. Learned counsel for the petitioners submits that for the same offence one brother of the informant filed a complaint petition earlier in which he has not named these three petitioners. After four days he has lodged this case in which he has named as many as 17 persons along with 7-8 unknown persons with general and omnibus allegation of having assaulted the deceased. Petitioners are in jail since 2.7.2009 and 1.7.2009 respectively. Considering the general and omnibus allegation against the petitioners and absence of their names from the complaint petition filed 2 earlier, this application is allowed. Let petitioners above named be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No.85 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Arvind/ ( J. N. Singh, J.)