IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28443 of 2011 1. Fulendra Sah son of late Mogal Sah 2. Dilip Sah son of Fulendra Sah, both resident of village Jamal Nagar, P.S.Salkhua, Distt- Saharsa. Versus The State Of Bihar ---------------------------------- 3. 24.10.2011. Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case arising from Salkhua P.S.Case No.75 of 2011 for the offences punishable under sections 341, 323, 308, 504,506/34 of the Indian Penal Code. The allegation against the petitioners as set out in the first information report is of assaulting the nephew of the informant along with others. Learned counsel for the petitioners, with reference to the first information report, submits that a plain reading thereof demonstrates that no specific overt act has been attributed to the petitioners rather an omnibus allegation has been made against them and some others of assaulting the informant’s nephew. Pursuant to the order of this court the case diary has since been received. Learned counsel for the petitioners, with reference to the statement of the injured present at para-8 of the case diary, submits that even the injured does not attribute any specific role to the petitioners rather has made an omnibus allegation against them. He further submits that the injured had been referred to the hospital for getting x-ray of his injured portion for ascertaining the injury but he did not get it done. Considering the circumstances and submissions of the learned counsel, let the petitioners Fulendra Sah and Dilip Sah, in the event of their arrest or surrender within a period of four weeks from the date of receipt of the certified copy of this order, 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 the Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S.Case No.75 of 2011, subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. ahk (Jyoti Saran, J.)