IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40252 of 2009 RAJESH KUMAR @ GANESH ROY son of villalge Radha Rudhanha, P.S. Bochahan, District Muzaffarpur.. …Petitioner Versus THE STATE OF BIHAR.. …OPPOSITE PARTY For the Petitioner: Mr. Mahendra Thakur, Advocate For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 23.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is admitted land dispute, which is evident from the complaint petition itself, which was stated to be the reason for the scuffle. The complaint petition was referred to the police for investigation by the court below, upon which first information report was drawn up. However, the complainant describes the date of occurrence to be of 17.01.2009 and even though the complainant had received injuries, no FIR was lodged by him before the police. Five days after the occurrence the complaint case was filed, but there is no explanation as to why the complainant did not approach the police for lodging the FIR on 17.01.2009 2 itself or thereafter. It is also stated that injury report of a private doctor has been obtained by the complainant. Further submission is that the brother of the petitioner had filed a complaint case implicating the informant side, which is contained in annexure 2 to this application. Having regard to the facts and circumstances of the case, the abovenamed petitioner, Rajesh Kumar alias Ganesh Roy, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in Bochachan Police Station Case No. 20/09. SC ( Dr. Ravi Ranjan, J.)