IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33627 of 2008 RAM NARESH MAHARAJ son of late Gopal Maharaj, resident of village- Maheshwara, P.S.-Naokothi, Dist.-Begusarai. Versus STATE OF BIHAR ----------- 3. 12.1.2009. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case which was initially lodged by way of complaint and the same was referred to the police which resulted in the present case which has been registered under sections 195A, 324, 307, 379 and other sections of the Indian Penal Code. Submission is that there is general and omnibus allegation against the petitioner and others. Though the petitioner is alleged to be having a pistol but there is no allegation that he used his pistol in the occurrence. Further submission is that there is a case and counter case. The petitioner was brutally assaulted. He was also stabbed in his stomach and he had undergone long treatment. Further submission is that the case under section 379 of the Indian Penal Code has been disbelieved in course of investigation and section 307 of the Indian Penal Code is not made out because there was no intervening circumstance. The case is at best comes under section 304 of the Indian Penal Code. Considering the facts and circumstances of the case, the above named petitioner is directed to surrender before the C.J.M., Begusarai within three weeks from the date of receipt/production of a copy of this order and in that event he shall be released on bail on - 2 - furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to his satisfaction in connection with Naokothi P.S.Case No. 77 of 2007 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)