IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41239 of 2010 BRIKSHA BAITHA SON OF LATE BANDHU BAITHA Versus THE STATE OF BIHAR ----------- 2. 19.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Gobardhana P.S.Case No.02 of 2010 for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 379 and 302/34 of the Indian Penal Code. Learned counsel for the petitioner, with reference to the first information report placed at Annexure-2, submits that initially for an altercation in context with the distribution of fishes, a first information report was instituted by the son of the petitioner giving rise to Gobardhana P.S.Case No.01 of 2010 and that the present case is a counter case to the same filed as a measure of retaliation. He further submits that informant was said to have been assaulted by the accused persons including this petitioner with lathi. He submits that for the said allegation, the petitioner who is aged about 60 years, has remained in custody since 21.8.2010 and also that similarly circumstanced co-accused has been 2 granted bail by a bench of this court in Cr.Misc.No.19348 of 2010 passed on 2.7.2010 and some have also been released on anticipatory bail vide order dated 21.6.2010 passed in Cr.Misc.No.16858 of 2010 placed at Annexure-3 series. Taking into consideration the submissions of the learned counsel, let the petitioner Briksha Baitha 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 Additional Chief Judicial Magistrate, Bagaha, District West Champaran in connection with Gobardhana P.S.Case No.02 of 2010. ahk (Jyoti Saran, J)