IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6467 of 2011 Surendra Ram @ Surendra Rai & Ors. Versus The State Of Bihar ----------- 3 06.07.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. An allegation has been alleged against the petitioner including others by one Bhikhari Ram, father of deceased, to the extent that they have committed murder of deceased in the background of some sort of dispute over grazing of plant. It has been submitted on behalf of petitioners that whatever allegation happens to be under fardbeyan, the same has not been supported with by any of the P.W.s during course of investigation. Also submitted that the allegation that deceased was murdered by way of throttling, but the doctor while conducting postmortem opined asphyxia to be cause of death, but no injury over neck has been detected. Also submitted that none of the P.Ws have claimed to be an eye witness to the occurrence. Also submitted that there happens to be omnibus nature of allegation even taking into account the fardbeyan on its face. At the other hand the learned Additional Public Prosecutor while opposing submitted that from the place of occurrence and the inquest report, it is evident that the dead body was found near the Bathan of one of the petitioner, namely, Paltu Ram. However, fairly concedes that there happens to be absence of direct / circumstantial evidence collected during course of 2 investigation by the police against the petitioners save and except the allegation whatever be on alleged in the fardbeyan. Taking into account the totality of event petitioners, namely, (1) Surendra Ram @ Surendra Rai (2) Gopi Ram and (3) Paltu Ram are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran in connection with Paharpur P.S. Case No.187 of 2009 (G.R. No.3468/2009) registered under Section 302/34 of the I.P.C. within a fortnight in the event of his arrest / surrender in terms of Section 438(2) Cr.P.C. PN (Aditya Kumar Trivedi, J.)