IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32542 of 2008 LALA SHARMA @ BRIJWASI SHARMA @ Lakeshwar Sharma, son of Late Radha Sharma, resident of village- Sitalpur Sharmatola, P.S. Dighwara, District- Saran ….. Petitioner Versus THE STATE OF BIHAR ….. Opp.Party ----------- 2. 22/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 341, 323, 324, 307 and 34 of the Indian Penal Code. Allegation in the F.I.R. is that the informant, a rickshaw puller demanded fare from the petitioner and another person which was denied and instead the informant was assaulted by them. Case diary was made available by learned counsel for the petitioner to learned counsel for the State. After going through the case diary, learned counsel for the State submits that some independent witnesses have disclosed during investigation that in fact dispute between the informant and the petitioner started on account of payment with regard to the liquor which both of them were taking at a toddy shop and in intoxicated condition there was scuffle between them and the petitioner assaulted the - 2 - informant. Another person named in the F.I.R. has been exonerated by the police. It is also stated by learned counsel for the petitioner that requisition was sent to the concerned hospital for injury report of the informant but as the injury report was not available in the hospital, the same could not be sent to the police. Petitioner is in custody since 23.6.2008. In the circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Dighwara P.S.Case No.143 of 2007. Pradeep/ (J. N. Singh, J.)