IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40356 of 2009 GIRIDHARI PRASAD AGRAWAL @ GIRIDHARI PRASAD @ GIRIDHARI PRASAD TIBREWAL SON OF LATE RAM BILASH AGRAWAL @ BHUTKI AGRAWAL, RESIDENT OF VILLAGE & P.S. MADHEPUR, DISTRICT- MADHUBANI.. Versus STATE OF BIHAR . 2 14.12.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under sections 323, 379, 380/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present complaint has been filed for ulterior purposes. As a matter of fact the land in question was leased out to this petitioner by the Goshala Committee, of which the petitioner is Secretary, on certain terms. The lease was only for period from 30th February, 1997 to 31st March, 1998 whereas the petitioner continued thereafter. Accordingly notice was issued on 1st May, 1998 calling upon the petitioner to vacate the same as well as to make the balance payment of the lease amount, which was not being paid, as such, petitioner was informed that necessary legal action shall be taken. It is submitted that in retaliation of the same, the present complaint gas been filed alleging therein that the informant was assaulted and the co-accused got the food-grains lifted from his house through the driver of the concerned B.D.O., who - 2 - happens to be the President of the aforesaid Goshala Committee. It is also submitted that the petitioner is aged about 70 years. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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 Additional Chief Judicial Magistrate, Jhanjharpur (District- Madhubani) in connection with Complaint Case No. 278 of 1998 corresponding to T.R. No. 2 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)