IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25270 of 2009 MD.SUBHAN Versus STATE OF BIHAR ----------- 2 31.8.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 13.3.2009 in relation to Mufassil P.S. Case No. 72 of 2009 which was initially registered under several sections of the Indian Penal Code including section 307 but later on converted into under section 302 of the I.P.C. Fardbeyan of the informant was recorded in Sadar Hospital, Begusarai on 12.3.2009 at about 3.00 P.M. that all the named accused persons of the FIR along with the present petitioner were quarrelling on the payment of price of the chicken with Bablu and his brother Mahfooj. The informant and others tried to pacify the quarrel but the accused persons turned into anger. It is alleged that Md. Sahid gave a dagger blow on the neck of Md. Esamul and Md. Manjoor gave a dagger blow to Md. Samim. Petitioner is supposed to be one of the persons of the crowd who is alleged to have assaulted the person of informant side with lathi and stick. Submission of learned senior counsel for the petitioner is that there is nothing specifically alleged against the petitioner in the fardbeyan. He was only said to be a member of the mob as well as general and omnibus allegation of having - 2 - assaulted with lathi and stick has been alleged. Specific allegation is against other accused persons. In view of the above the petitioner deserves to be enlarged on bail. Submission made at the bar in this regard seems to be borne out from the reading of the FIR. No doubt, the petitioner has been named in the FIR as one of the accused persons but there is nothing specifically alleged against the petitioner except the assault with lathi and stick. If that be so, let the petitioner, namely, Md. Subhan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Mufassil P.S. Case No. 72 of 2009. One of the sureties will be executed by a close relative of the petitioner on due identification by the court below. It is also recorded that the petitioner will cooperate with the trial of the case and will not abscond. RPS (Ajay Kumar Tripathi, J.)