IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10524 of 2011 Chhote Lal Yadav & Anr. Versus The State Of Bihar with Cr.Misc. No.18784 of 2011 Kishori Modi Versus The State Of Bihar ----------- 03/ 21.07.2011 Both the above stated petitions arise out of Ishipur (Barahat) P.S. Case no. 67/2010 registered under section 302/34 of the IPC and, accordingly, both the above stated petitions are being disposed of by this common order. Petitioners are named in the first information report and allegedly, petitioners along with other FIR named accused persons mercilessly assaulted the deceased with brick and stones. According to the prosecution case itself, on the alleged date of the occurrence, one Lalu Yadav and Ritesh Ojha came in the village and informed the other accused that the deceased had beaten them and having got aforesaid information other accused including these petitioners went near the place of the occurrence and after that they committed murder of the deceased by assaulting him with brick, stone and by pressing testicle of the deceased. Learned counsel appearing for the petitioner in Cr. Misc. no. 10524/2011 submits that the informant is not an eye witness of the alleged occurrence and, as a matter of fact, dead body of the deceased was seized by a police official lying near the place of occurrence and after that aforesaid police official gave information to the concerned police station and then the police party reached there and recovered 2 dead body. It is further contended by him that after getting information from the police the informant and other witnesses came there and gave their statements implicating petitioners and other accused. To fortify his contention, learned counsel for the petitioner drew my attention towards paras 8 and 29 of the case diary and in para 8 of the case diary, the Investigating officer has incorporated this fact that having got information from ASI Mahendra Pd. Singh about lying dead body of a man, entered Sanha in the case diary . At para 29 of the case diary, statement of aforesaid ASI Mahendra Pd. Singh has been recorded and in the aforesaid para the above stated ASI Mahendra Pd. Singh has very clearly stated that he was in patrolling duty and in course of patrolling duty, when he reached near the place of the occurrence, he found a dead boy lying there and none was present there and thereafter he informed the Officer Incharge of concerned police station and before arrival of the Officer Incharge and other police party, a Bolero jeep came in which co-accused Lalu Yadav as well as the petitioner in Cr. Misc. no. 10524/2011 and some other accused were found sitting. The aforesaid persons were detained and the above stated vehicle was seized by the police officials. Learned counsel appearing for the petitioner in Cr. Misc. no. 10524/2011 fairly points out that statement of one Laxmi Devi was recorded by the Investigating officer who stated that on the alleged date of the occurrence while she was returning from the market in the evening, she saw petitioners and other accused persons assaulting the deceased and after that she reported the aforesaid incident to her co- villagers. It is contended by him that even if the statement of aforesaid 3 witness Laxmi Devi assumed to be true, then also, there is no specific overt-act against the petitioners rather an omnibus allegation of assault has been levelled against them. On the other hand, learned Addl. Public Prosecutor as well as learned counsel for the informant vehemently opposed the prayer for bail pointing out that half of the face of the deceased was found completely smashed and the post mortem report corroborates allegation levelled against the petitioners and other accused. It is also contended by them that some witnesses claimed to have seen the alleged occurrence. Considering the above stated submissions as well as facts and circumstances, particularly, this aspect of the matter that an omnibus allegation of assault has been levelled against the petitioners, let petitioners, Chhotelal Yadav, Pawan Yadav and Kishori Modi, be released on bail on furnishing bail bonds of Rs 10,000/-each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge IV, Bhagalpur in Sessions Trial no. 171/2011 in respect of petitioners- Chhotel Lal Yadav and Pawan Yadav and to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in respect of petitioner-Kishori Modi in connection with Ishipur (Barahat) P.S. Case no. 67/2010. shahid (Hemant Kumar Srivastava,J)