IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21081 of 2008 SHAMBHU NATH JHA & ORS Versus STATE OF BIHAR ----------- 3 18.09.2008 Heard learned counsels for the petitioner and the State. Petitioners are accused in a case registered for the offence under sections 392, 307, 120B, 342 of the Indian Penal Code and section 25(I)(a) of the Arms Act. The allegation against these petitioners are to the effect that they wrongfully purchased a piece of land from the maternal nephew of the informant namely, Subodh Tiwary whereas the complainant had already obtained a ‘Mahadanama’ in respect of the same land in the year 1985. The owner of the land did not execute the sale deed, and as such, a Title Suit No. 59 of 2007 has been filed which is pending in the Court of Sub-Judge, Ist, Muzaffarpur. It is further alleged that these petitioners entered into the school of the complainant and attempted to break open the lock which was objected by the complainant which led to the alleged occurrence as detailed in the complaint. It has been submitted on behalf of the petitioners that the complainant has filed the complaint for ulterior purposes which would be evident from the fact that as alleged the complainant obtained the ‘Mahadanama’ in the year 1985, however did not take steps for execution of the same i.e. filing of the suit for specific performance of contract 2 and has filed the title suit in the year 2007. Learned counsel further submits that no injury on account of the alleged assault by these petitioners has been found, and as such, the alleged offence under section 307 of the Indian Penal Code were found not true during investigation by the police. Learned Addl.P.P. appearing on behalf of the State, on perusal of the case diary, submits that the offence alleged under section 307 of the Indian Penal Code have not been found true, however the allegation for the offence under section 379 of the Indian Penal Code has been found true, however it is not specific against any particular accused person. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Shambhu Nath Jha, Namo Nath Jha, Dhruv Jha & Rakesh Jha be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S.Case No. 445 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)