IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28691 of 2008 SARVELAL SAH @ SARBELAL SAH & ORS Versus STATE OF BIHAR ----------- 2. 04.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offences registered under Sections 341, 323, 379, 504, 506 and 384/34 of the Indian Penal Code. A supplementary affidavit has been filed on behalf of the petitioner. It is submitted that during the pendency of this application petitioner no. 1, Sarvelal Sah @ Sarbelal Sah has been arrested and, as such, application as against him has become infructuous and the same is accordingly dismissed against him. It is further submitted that the present case has been lodged for ulterior purpose since the informant himself is a man of Criminal antecedent. It is further submitted that an FIR has also been lodged against the informant as contained in annexure-2 Learned A.P.P. On going through the allegations and the documents is not in a position to refute the submissions that the petitioner had lodged a complaint against the informant. Considering the submissions as made above as well as the materials brought on record and the 2 averments made in the petition, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Chhote Sah @ Chhote Lal Sah, Ramratan Sah, Bibhishan Sah @ Vibhishan Sah @ Bhibisan Sah, Bhogi Lal Sah and Prakash Sah be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S. Case No. 16 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- ( Shailesh Kumar Sinha,J.)