IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. NO.577 OF 2009 TUFANI RAI, UMESH RAI, CHHOTELAL RAI AND RANJEET RAI VERSUS STATE OF BIHAR ----------- 2 21.04.2009 Heard learned counsel for the parties. The instant application is directed against the order dated 17.2.2009 passed by sessions judge Katihar in Cr revision no. 130 of 2008, by which he has cancelled the bail of the petitioners granted by the CJM, Katihar vide order dated 15.4.2008 and 17.4.2008 in Kursela Police Station case no. 69 of 2007 instituted under sections 341,323,354,504 and 307/34 of the I.P.C. Police after investigation submitted chare sheet under sections 341, 323 and 5404 of the IPC, which are all bailable. However, Chief Judicial Magistrate, Katihar took cognizance of the offence under sections 341,323,354 and 504/34 of the IPC and 3(X) of the SC/ST Act and granted bail vide orders dated 15.4.2008 and 17.4.2008 respectively. Thereafter the informant moved this Court, which vide its order dated 2.6.2008 directed that the said application be considered by the Sessions judge, Katihar. It is submitted on behalf of the petitioners that there is land dispute between the parties and a proceeding under Section 107 of the Cr.P.C. is continuing and petitioners were on police bail. After having considered the facts and circumstances of the case and also the fact that police had submitted charge-sheet under bailable Section, this Court sets aside the order dated 17.2.2009, passed by the 2 Sessions judge, Katihar cancelling the bail of the petitioners. However, the petitioners would report to the police station concerned at least once every two months. In case, they misuse the condition of bail, it would be open to the informant to move this court for cancellation of bail. With the aforesaid observations, the revision application is allowed. Let this order be faxed to the court concerned at the cost of the petitioners. Kundan/ (S. P. Singh, J)