IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35836 of 2008 RADHE SHYAM SINGH SON OFLATE SRI RAM SINGH OF VILLAGE SHERPUR, P.S. MARHAURA, DISTRICT SARAN Versus STATE OF BIHAR ----------- For the petitioner: Nagendra Rai,Advocate For the State : Choubey Jawahar,A.P.P. 2 30.9.2008 Heard learned counsel for the petitioner and the State. Petitioner is facing prosecution under sections 323, 307/34 of the Indian Penal Code. And 27 of the Arms Act. Learned counsel for the petitioner submits that from the first information report it is apparent that there was some dispute due to forcible ploughing of maize crops of the informant. . He further submits that only allegation against him is that he was present at the place of occurrence with sword in his hand. It is further submitted that Sessions Judge has committed error of record in stating that it was the petitioner who ran over the informant with his bike , howev er, the fact is that one Rajiv Singh has been alleged tohave over run the informant by his motorcycle as per the allegation in the F.I.R. . He further submits that the petitioner has clean antecedent. Learned counsel for the State submits that there has been allegation of firing causing injury. However, he admits that there is allegation against one Rajeev Singh (not the petitioner) of running over informant by his motorcycle as per the first information report. He further submits that as per the allegation in the F.I.R. petitioner was holding sword in his hand. Having regard to the aforesaid facts and circumstances of the - 2 - case, let petitioner Radhe Shyam Singh in the event of his arrest or surrender in the court below within six weeks from the date of this order be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Chapra in connection with Marhaura P.S. case no. 210 of 2007, subject to the conditions as laid down under section 438(2) Cr.P.C. Rahman/ (Dr. RAvi Ranjan,J)