IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23864 of 2008 BINOD ACHARYA Versus STATE OF BIHAR For the Petitioner:- Mr. Md. Kamran, Advocate For the Respondent:- Mr. C. Jawahar Choubey, A.P.P. ----------- 3 12.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused under Sections 147, 341, 323, 324, 307 and 504 of the Indian Penal Code. The allegation is that due to land dispute, on 3.6.2007 petitioner along with other F.I.R. named accused persons fully armed with Lathi, Danda, Bhala and Garasa came to the house of informant and assaulted Ramjeevan Acharya and his wife Shanti Devi. Learned counsel for the petitioner submits that in the F.I.R. there is no specific overt act alleged against the petitioner. But it appears that during the course of investigation Ramjeevan Acharya has stated that petitioner inflicted Farsa injury on his head. It is further submitted that it was urged before the Sessions Judge that the injury on the head was simple in nature which was not controverted by State as is apparent for Sessions Judge’s order dated 6.5.2008. Further, there is no repetition of blow and injuries are on both sides. Further submission is that there is case and counter-case. The F.I.R. lodged by the brother of the petitioner namely Dinesh Acharya has been brought on record as Annexure-2 and admittedly there is land dispute. He further submits that all other co-accused persons have already been - 2 - granted bail by the Sessions Judge itself in Bail Petition No. 121 of 2008 and Bail Petition No. 144 of 2008. Learned counsel for the petitioner submits that he is in Jail since 13th of April, 2008. Learned counsel for the State submits that petitioner inflicted farsa blow on Ramjeevan Acharya. In the facts and circumstances of the case, I direct the petitioner namely, Binod Acharya, to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Benipur (Biraul) in connection with Biraul P.S. Case No. 136 of 2007 in the District of Darbhanga. P.K. (Dr. Ravi Ranjan, J.)