IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49891 of 2008 PUSHPENDRA KUMAR SINGH, son of Raghav Singh resident of village – Rampur Aajuria, P.S. Dumariaghat, District – East Champaran. ------------------- Petitioner. Versus STATE OF BIHAR ------------------ Opposite Party. ----------- 2 16.01.2009 Heard learned counsel for the petitioner and learned counsel for the informant. The petitioner is an accused in connection with Complaint Case No. 983 of 2008 (Tr. No. 3033/08) registered under sections 147, 148, 149, 323 and 447 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner is that he has fired on the complainant. Learned counsel for the petitioner submits that although the occurrence took place on 18.05.2008, the F.I.R. was lodged after three days. It is also submitted that dispute is with respect to a plot of land measuring 2 kathas, which has remained as joint family property, whereas the partition had taken place much earlier in the year 1976. Learned counsel for the petitioner submits that petitioner’s son and some other family members had filed two cases against the complainant much earlier to the filing of the present complaint petition. Considering the allegation and counter allegations of - 2 - the parties, let the petitioner namely, Pushpendra Kumar Singh, be released on bail on furnishing bail bond of sum of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Sri S. Alam, Judicial Magistrate 1st Class Mothihari, East Champaran in connection with Complaint Case No. 983 of 2008 (Tr. No. 3033/08). Subject to condition under section 438(2) of the Cr. P.C. Rajeev/ (Sheema Ali Khan, J.)