IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36065 of 2009 IBRAHIM MIAN S/O LATE HANIF MIAN VILL.- KOSADIH, P.S.- CHANDRAMANDIH, DISTT.- JAMUI Versus THE STATE OF BIHAR ----------- 2. 3.11.2009 Heard counsel for the petitioner and the counsel for the State. In a case of free fight with an allegation u/s 307 I.P.C. the submission of the counsel for the petitioner that the main assault was given by one Kitab Mian and therefore, there being no specific allegation of overt act against the petitioner, he is entitled for being released on bail does not seems to be correct in the facts and circumstances of this case. Here there is first allegation of assault on the informant by the group of seven persons including the petitioner and Kitab Mian and then F.I.R. also narrates the detail of assault on the father of the informant by Kitab Mian by farsa. The injured, the father of the informant, is said to have also sustained such injuries as is found by the doctor in the injury report. The doctor has also found not only incised 2 injury on the person of informant but also lacerated would which are duly recorded in the order rejecting bail of the petitioner. In that view of the matter, when the father of the informant in his statement to the police, being an injured person in the occurrence, has named the petitioner to be one of the persons who has assaulted him and also his son, his case would not stand on the same footing as that of the other co- accused persons and accordingly, even though he may not be as much responsible as Kitab Mian he cannot claim to be released on bail on the ground of there being only an omnibus or vague allegation of assault by seven persons. The petitioner is in custody since 3.8.2009 i.e. exactly three months as on date and therefore, he may renew his prayer for bail after completing six more months of his judicial custody. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/ 3