IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40040 of 2010 1. Bilas Rai , Son of Siya Sharan Rai 2. Siya Sharan Rai, Son of Late Kishori Rai Both residents of Hawaspur Adhalgiya, P.S. Akilpur, District- Patna -------------- Petitioners Versus THE STATE OF BIHAR ----------- 02 22-12-2010 Heard Umesh Kumar Mishra, learned counsel for the petitioners, Sri Parmanand Prasad, learned Addl.Public Prosecutor for the State and Sri Satya Ranjan Sinha, learned counsel appearing on behalf of the informant. Two petitioners, who are son and father and are in custody in connection with Akilpur P.S. Case No.23 of 2010 which was registered under Section 307 and other allied Sections of the Indian Penal Code, subsequently Section 302 of the Indian Penal Code was substituted, have prayed for grant of bail. It was submitted by learned counsel for the petitioners that that the petitioners are pattidars of the informant and there were land dispute in between the parties and due to that reason the present occurrence had taken place. In the F.I.R., there is specific assertion that other accused persons had used Bhala and Farsa and assaulted the father of the informant. So far as petitioner no.2 is concerned, there is general and omnibus allegation that in the occurrence, he used lathi. So far as petitioner no.1 is concerned, there is nothing in the F.I.R., save and except that his name was incorporated in the accused column. Learned counsel for the for the informant has vehemently 2 opposed the prayer for bail of the petitioners. It was submitted that in the case diary there are sufficient materials to show their complicity. However, in respect of petitioner no.1, he is not in a position to dispute the assertion made by the learned counsel for the petitioners. Learned Addl.Public Prosecutor appearing on behalf of the State has also supported the arguments advanced by the learned counsel for the informant. In view of the facts and circumstances , particularly the fact that there is general and omnibus allegation against petitioner no.2 and there is no sufficient material against the petitioners ,let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand)each with two sureties of the like amount each to the satisfaction of learned Addl.Chief Judicial Magistrate, Patna in connection with Akilpur P.S. Case No.23 of 2010 with condition that both the petitioners shall remain physically present before the court below on each and every date, failing which their bail bond shall stand automatically cancelled, provided that in special exigency the petitioners may remain absent on a particular date with prior permission of the court below NKS/- ( Rakesh Kumar, J.)