IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.562 of 2011 Azad Mian @ Aslam Azad, Son of Sikandar Ali, resident of Village- Jalalpur, P.S. Dhansoi, District- Buxar......................Petitioner. Versus THE STATE OF BIHAR..............Opposite Party. ----------- 2. 02.02.2011. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 147, 341, 323, 354, 379, 504 of the Indian Penal Code and Section 31(X) of Scheduled Caste/Scheduled Tribe(Prevention of Atrocities)Act. It is alleged against the petitioner that the victim was abused while cleaning the land in question by the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner’s side filed the case prior to the present case being Dhansoi P.S. Case No. 64 of 2010 under Sections 147, 341, 323,307 and 504 of the Indian Penal Code as the land on which the occurrence alleged to have taken place, belonged to the petitioner and the proper mutation has been done by the competent authority. Hence, as a retaliatory measure, the frivolous case has been lodged. The First Information Report does not reflect the description of the land on which the 2 occurrence took place and it appears that the basic dispute between the parties is the land dispute and there is case and counter-case and the accusation under S.C./S.T.(Prevention of Atrocities)Act appears to be improvement. Considering the aforesaid facts, let the petitioner, above named, be released on bail on his surrender before the learned court below within a period of twelve weeks from today in connection with Dhansoi P.S. Case No. 65 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J.)