IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42554 of 2010 HARE RAM YADAV SON OF BAL MUKUND YADAV, RESIDENT OF VILLAGE BIHRORA, P.S. RAMGARI CHOWK, DISTRICT LAKHISARAI. Versus THE STATE OF BIHAR ----------- 2. 19.1.2011. Heard Shri Parmanand Prasad Narayan Shahi, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor. The petitioner, who is in custody in Lakhisarai P.S. Case No.328 of 2003 for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. Accusation as per F.I.R. is that the petitioner along with father in the night entered into the house of the informant and thereafter, one of the co-accused Birju Yadav fired on the chest of his father and he died. Learned counsel for the petitioner submits that even in the F.I.R., there is general and omnibus allegation. However, during investigation, case against the petitioner was not found true and as such final report was submitted, but the learned Magistrate, differing with the report, had taken cognizance. Learned counsel, by filing 2 N.H./ supplementary affidavit, had asserted that learned Sessions Judge, while rejecting the prayer for bail of the petitioner, had committed an error of record by way of mentioning that charge sheet was submitted against the petitioner. Since there is general and omnibus allegation and that too during investigation, police had not found the case true, the court is of the opinion that it is a fit case for extending the privilege of bail to the petitioner. Let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate (Sri Divesh Kumar), Lakhisarai in Lakhisarai P.S. Case No.328 of 2003. ( Rakesh Kumar,J.)