IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35083 of 2010 1.RAM NANDAN YADAV son of late Hari Gope 2.Ranjeet Yadav son of Sri Ram Nandan Yadav Both residents of village-Malik Sarai, P.S.- Islampur, Dist.-Nalanda. Versus STATE OF BIHAR ----------- 3. 6.12.2010. Heard Mr.Durgesh Nandan learned counsel for the petitioners, who was assisted by Mr. Arbind Kumar, Mr.Indu Bala Pandey learned Additional Public Prosecutor appearing on behalf of the State and Mr. Kumar Alok learned counsel for the informant. Both the petitioners, who are father and son respectively are in custody in connection with Islampur P.S. Case No.91 of 2010 for the offences under section 302 and other allied sections of the Indian Penal Code, have prayed for grant of bail. Learned Counsel for the petitioners, while pressing the bail petition, submits that entire family members of the petitioners were made accused falsely in the present case. It was submitted that in the first information report itself there is general and omnibus allegation and, as such, the petitioners may be extended privilege of bail. Learned counsels for the informant and the State have vehemently opposed the prayer of the petitioners. From the first information report itself, it is evident that there is allegation against petitioner no.1 that he assaulted the informant by Lathi. However, regarding assault on the person of the deceased is concerned, there is general and omnibus allegation. Keeping in view the facts and circumstances of the 2 case present case, let the petitioner no.2 named above be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa, district Nalanda in connection with Islampur P.S.Case No.91 of 2010. So far as petitioner no.1 is concerned, prayer for bail is rejected. However, if within six months no positive progress is taken place in the trial, the petitioner no.1 will be at liberty to renew his prayer for bail. Md.S. ( Rakesh Kumar, J.)