IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35420 of 2010 BINOD KUMAR MEHTA @ BINOD MEHTA, Son of Birendra Kumar Mehta, resident of Village- Marauna, P.S. Marauna, District-Supaul ----------- Petitioner Versus STATE OF BIHAR ----------- 02 05-10-2010 Heard Sri Hriday Narayan Harshit, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Addl.Public Prosecutor appearing on behalf of the State. The sole petitioner, who is in custody since 24.8.2010 in connection with Marauna P.S. Case No.04 of 2006 registered under Sections 147,323, 447,379,504, 307 of the Indian Penal Code, has prayed for grant of bail. It has been submitted by learned counsel for the petitioner that the present case was instituted as a counter blast to the case, which was registered against the informant side vide Marauna P.S. Case No.3 of 2006 for the offences under Sections 341,323, 504/34 of the Indian Penal Code and Sections 25(1- B)a, 26 and 35 of the Arms Act. In the present case, in which the petitioner was made accused, after investigation the police did not submit chargesheet under Section 307 of the Indian Penal Code but the chargesheet was submitted for the offences, which were triable by a Magistrate. However, after submission of the chargesheet , the learned court below had taken cognizance of offence under Section 307 besides other Sections of the Indian Penal Code. The petitioner during the investigation was on 2 police bail. However, after submission of the chargeshewet and cognizance, the petitioner was not allowed to remain on the same bail. Thereafter, he approached this Court for grant of anticipatory bail, which was finally rejected by this Court. Considering the fact that there were case and counter case in between the informant side and petitioner as also the petitioner is already in jail , let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,1st Class, Supaul in connection with Marauna P.S. Case No. 04 of 2006 . NKS/- ( Rakesh Kumar, J.)