IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21323 of 2011 Ram Pravesh Chauhan Versus The State Of Bihar ------- 03/ 07.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 19.5.2011 in a case registered under sections 302 and 307/34 of the IPC. It would appear from perusal of the formal FIR that altogether ten persons have been made accused in the above stated case. Petitioner is named in the first information report which was recorded on 10.5.2011 whereas alleged occurrence took place on 8.5.2011. In the FIR, an omnibus allegation of assault has been levelled against almost all FIR named accused persons including the petitioner. Learned counsel appearing for the informant points out that in course of investigation when the statement of one witness namely, Rameshwar, was recorded at para 35 of the case diary, the aforesaid witness specifically stated that it was the petitioner who gave khanti blow on the head of the deceased. The post mortem report reveals that the deceased sustained two injuries and the scalp of the deceased was found fractured. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, particularly, this 2 aspect of the matter that the manner of the occurrence was not disclosed in the first information report which was admittedly registered after two days of the alleged occurrence, let the petitioner, Ram Pravesh Chauhan, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Giriyak P.S. Case no. 63/2011. shahid (Hemant Kumar Srivastava,J)