IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38405 of 2009 JITAN MANDAL Versus STATE OF BIHAR ----------- 2 18.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Shambhuganj P.S. Case No. 22/2008 (S.T. No. 748/2009) for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code. Substance of the allegation is that an altercation took place in the matter of drawing water from the well. It is alleged that when the daughter-in-law of the informant was drawing water from the well then the wife of one Promod Mandal stopped her from doing so and upon protest being made altercation took place and whereafter one Promod Mandal assaulted the son of the informant by means of Khanti and whereupon he fell down. It is thereafter alleged that the accused persons including this petitioner also assaulted the son of the informant. The son of the informant succumbed 2 to the injuries. Learned counsel appearing on behalf of the petitioner submits that it has been specifically alleged in the F.I.R. that one Promod Mandal had assaulted the deceased on his head and by reason whereof he fell on the ground. He submits that the allegation against the petitioner is omnibus and no specific allegation has been made against the present petitioner save and except that he was member of the assembly. Learned counsel further submits that in similar circumstances some persons have been granted bail by this Court. He further submits that accused Sabita Devi and Mukesh Mandal have been granted bail in Cr.Misc. No. 41480 of 2008 vide order passed on 17.11.08. He also submits that Dharmendra Mandal @ Dharmu Mandal and Ganesh Mandal have been granted bail in Cr.Misc. No. 48373 of 2008 vide order passed on 07.04.2009. Learned counsel further submits that the allegation against the petitioner is same and similar to the said persons. Having regard to the facts and circumstances of the case, let the petitioner, Jitan Mandal, be enlarged on bail on furnishing 3 bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the IInd Additional District and Sessions Judge, FTC, Banka in connection with Shambhuganj P.S. Case No.22/2008 (S.T. No. 748/2009). Bibhash (Jyoti Saran, J. )