IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33945 of 2010 SARYUG MAHTON son of late Achambhi Mahton, resident of village-Sanha Naya Tola, P.S.-Sahebpur Kamal, Dist.-Begusarai. Versus THE STATE OF BIHAR ----------- 3. 6.12.2010. Heard Mr.Vivekanand Singh learned counsel for the petitioner, Mrs. Indu Bala Pandey learned Additional Public Prosecutor appearing on behalf of the State and Mr.Subodh Kumar Singh learned counsel for the informant. The sole petitioner, who is in custody in connection with S.Kamal P.S. Case No.122 of 2010 for the offences under sections 328 and 302/34 of the Indian Penal Code, has prayed for grant of bail. It was alleged against the petitioner that he along with other eight accused persons caught hold of the son of the informant and pushed him down. Thereafter, by force all the accused persons administered poision in the mouth of the son of the informant. Thereafter, the son of the informant returned to his house and while becoming unconscious he disclosed regarding the occurrence. Subsequently, he was carried for treatment but on way he died. Thereafter, the informant returned back with the dead body of the informant. Learned counsel for the petitioner submits that in the first information report itself there is general and omnibus allegation and moreover the informant has admitted that the petitioner was aged about 71 years old. It was submitted that during investigation it was noticed in paragraph 72 of the case diary that son of the 2 informant was having love affairs with one girl. While the son of the informant was consuming poison, the said girl had also consumed poision. On the ground of old age and general and omnibus allegation, it has been prayed to extend the privilege of bail to the petitioner. Mrs. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State submits that except in paragraph 72 of the case diary, other witnesses have corroborated the allegation made in the first information report. Learned counsel for the informant while opposing the prayer of bail of the petitioner, submits that charge has already been framed and now the case is fixed for evidence. Considering the facts and circumstances of the case particularly old age of the petitioner, let petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with S.Kamal P.S. Case No.122 of 2010. Md.S. ( Rakesh Kumar, J.)