IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40869 of 2008 1. KHUSHNANDAN MAHTO, SON OF GAJENDRA MAHTO 2. PRAMOD MAHTO, SON OF AGHNU MAHTO BOTH ARE RESIDENTS OF VILLAGE PREM NAGAR, POLICE STATION RUNNISAIDPUR, DISTRICT SITAMARHI ………………………………………….PETITIONERS VERSUS STATE OF BIHAR ******** 2 12.12.2008 Heard the parties. Offences alleged are under Section 307 and other allied sections of the Indian Penal Code. It is submitted that the informant and the petitioner are the agnates residing in the same premises and on account of some dispute with regard to construction of hut over the land, the alleged occurrence took place. Both parties are claiming the land. It is further submitted that a partition suit was also pending between the parties. Besides the above, submission is that the allegations are such which may not attract the offences under Section 307 of the Indian Penal Code keeping into consideration the manner of assault and the injury sustained. The learned A.P.P. appearing on behalf of the State is not in a position to refuse the above submissions. Considering the facts and circumstances of the case, in the event of arrest/surrender before the Court below within 2 a period of four weeks, the petitioners, namely, Khushnandan Mahto and Pramod Mahto are directed to be released on bail in Runnisaidpur Police Station Case No. 48 of 2008 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, Sitamarhi. Anand ( Shailesh Kumar Sinha, J.)