IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31790 of 2008 CHANDAN KUMAR SINGH Versus THE STATE OF BIHAR For the Petitioner:- Mr. Prashant Pratap For the State:- Mr. Nirbhay Kumar Singh, A.P.P. For the Informant:- Mr. Pankaj Kumar Singh No.1 ----------- 3 14.8.2008 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant. Petitioner has been made accused under Sections 147, 148, 149, 323, 325, 337, 307 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that in the F.I.R., only allegation against him is that he was holding brick. Further allegation is that all the accused persons named in the F.I. R. have assaulted the deceased Jitendra Kumar Singh, causing his death. He further submits that all other accused persons named in the F.I.R. have already been enlarged on bail. In support of this, petitioner has annexed copy of order dated 9.9.2005 passed in Cr. Misc. No. 31642 of 2005 whereby a Bench of this Court has granted bail to co-accused Bishambhar Singh @ Bishambhar Prasad Singh who was alleged to be holding iron rod and Kameshwar Prasad who was allegedly holding brick in his hand. Learned counsel for the petitioner submits that petitioner has surrendered on 2.5.2008. Learned counsel for the State submits that allegation is of 2 assault by all the accused persons upon Jitendra Singh, causing death. Learned counsel further submits that the allegations are general and omnibus in nature against all the accused persons for assaulting the other side. Learned counsel for the informant submits that petitioner was holding brick in his hand and there is allegation of assault by brick, iron rod and other things upon the deceased. He further submits that the petitioner has absconded for several years. In the facts and circumstances of the case, I direct the petitioner namely, Chandan Kumar Singh, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-III, Muzaffarpur, in connection with Sakra P.S. case No. 149 of 2004, corresponding to Sessions Trial No. 424 of 2008. P.K. (Dr. Ravi Ranjan, J.)