IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45784 of 2008 MANJI SINGH, S/o late Dhup Narain Singh, Resident of village – Balihar, P.S. – Simri, District - Buxar Versus THE STATE OF BIHAR ----------- 3. 05.02.2009 Heard Sri Sumant Singh, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner is named in the FIR of a case under Sections 302, 436, 307 etc. of the IPC. The dispute was in respect of enjoying of easementry rights, inasmuch as, the accused party wanted to put up a terrace, which was objected to by the informant for which reports were made to different Police Officers and lastly to the S.P and while the informant and his wife were returning after informing the S.P. about the acts of encroachment by the accused persons, the eleven accused persons picked up the deceased, who happens to be the informant and assaulted him badly. A person of the village informed his family members and the deceased Ram Ekbal Kamkar was rushed to the hospital, where again the accused persons assembled, surrounded the deceased and accused Nishikant Singh is said to have dragged him to his house and is alleged tohave brutally assaulted him. Besides, the said accused Nishikant along - 2 - with Mukesh and Pappu are further alleged to have set the house of the informant at fire. The wife and son of the deceased appear accompanying the deceased and they have not named the present petitioner as assailant of the deceased and have leveled general allegation as appears against other eleven accused persons. The contention is that the allegation of assaulting the deceased while he was in the hospital is directly made against Nishi Kant Singh. Besides, the allegation of arson does not also appear against the present petitioner. Let petitioner Manji Singh, in the above facts and circumstances, be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Simari P.S. Case No. 43 of 2008. DKS/ (Dharnidhar Jha, J.)