IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8371 of 2010 1. BISHNUDEO YADAV, Son of Late Udho Yadav, 2. Subhash Yadav, Son of Bishundeo Yadav 3. Brahmdeo Yadav, Son of Late Jagan Yadav 4. Poshan Yadav, Son of Brahmdeo Yadav, 5. Munsi Yadav, Son of late Jagan Yadav 6. Kapildeo Yadav, Son of Yogan Yadav, 7. Jhabru Yadav, Son of Bishundeo Yadav All residents of village Kajhi Yadav Tola, P.S. Banmankhi, District Purnea …… Petitioners Versus STATE OF BIHAR …. Opposite Party ----------- For the petitioners : Dr. Bidhu Ranjan, Advocate For the State : Mr. Dinesh Singh, A.P.P. ---- 5 28.04.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 147, 148, 149, 323, 324, 307, 302, 447 and 504 of the Indian Penal Code. As per the allegation as set up in the first information report, upon the order of the petitioner no. 1, the petitioner no. 7, namely, Jhabru Yadav assaulted the deceased Sunil Yadav by bow and arrow which pierced his chest causing his instant death. Thereafter, petitioner no. 2 and co-accused Mahendra Yadav assaulted the deceased by ‘farsa’ and knife. Learned counsel contends that there is a 2 case and counter case due to dispute with regard to cutting of seasom tree and there has been injuries upon both sides. It is submitted that one of the co- accused Mahendra Yadav had already been granted bail by this Court vide order dated 26.4.2010 passed in Cr. Misc. No. 7792 of 2010. Learned counsel submits that except the petitioner no. 7, who is stated to be assailant , the allegation is general and omnibus against all the persons. Though there is allegation against Subhash Yadav and Mahendra Yadav regarding assault upon the deceased by ‘farsa’ and knife, it would be manifest from the first information report that allegation of such assault is after the death of the deceased Sunil Yadav. However, there is only skin deep injury upon the scalp, which is simple in nature and cause of death as shown in the post mortem report is due to penetrating injury upon the heart and lung. The author of such injury is said to be the petitioner no. 7, Jhabru Yadav. The petitioners are stated to be in custody since 3.12.2009. Learned counsel appearing for the State 3 submitted that the petitioner no.1 is order-giver and petitioner no. 7 is the assailant. In the facts and the circumstances of the case petitioners Bishundeo Yadav, Subhash Yadav, Brahmdeo Yadav, Poshan Yadav, Munsi Yadav, and Kapildeo Yadav are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No. 126 of 2009. However, so far as the petitioner no. 7 Jhabru Yadav is concerned since he is stated to be the main assailant of the deceased and cause of death is penetrating wound stated to be caused by him, I am not inclined to grant bail to this petitioner. Thus, the prayer for bail of the petitioner no. 7, Jhabru Yadav, is rejected. Spd/- (Dr. Ravi Ranjan, J.)