IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33931 of 2010 DEO SHARAN MAHTO & ORS Versus STATE OF BIHAR ----------- 02 04.11.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State assisted by learned counsel for the informant. Though, there is allegation that petitioners put the Gamcha around the neck of informant and pulled it for committing his murder but in course of investigation police found the case true only under bailable sections and accordingly, the charge sheet was submitted under Sections 341, 323, 504 and 506 of the I.P.C but learned Chief Judicial Magistrate differed with the findings of the police and took cognizance for non-bailable offences. Although, learned counsel for the informant tried to convince that the informant sustained injury on his neck dangerous to his life, but I am not at all convinced with the aforesaid submissions because the aforesaid injury report was prepared by a private doctor. Considering the aforesaid facts and circumstances, as well as submissions of the parties, petitioners, namely, Deo Sharan Mahto, Manager Mahto, Gudar Mahto and Jatan Mahto, in the event of their arrest/surrender within thirty days from the date of communication of this order to the concerned court shall be released on bail in connection with Palanwa P.S. Case No. 70 of 2003, on furnishing bail bond of Rs. 10,000/- with two sureties of 2 the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran subject to condition as laid down under Section 438(2) of the Cr.P.C. Shahzad ( Hemant Kumar Srivastava, J.)