IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.33 of 2008 BISHWANATH RAI Versus 1. THE STATE OF BIHAR 2. SUBHASH RAI 3. SHARDA RAI 4. PINTU RAI 5. ARVIND RAI For the petitioner : Mr. R.S. Dwivedi, Advocate For the State : Mr. R.B. Roy ‘ Raman’, APP ----------- 3 15.01.2009 Heard. The petitioner takes exception to the judgment and order dated 19.3.2008 passed by the learned Trial Court. By the judgment under question, the accuseds (opposite parties herein) were tried and acquitted for the charges punishable under sections 323/34 and 379/34 of Indian Penal Code. Counsel for the petitioner fairly admits before this Court that though parties are Gotiya, the allegation in the prosecution case precisely is that certain logs of Shesham tree, kept on the land claimed by the complainant, was/were taken away by the accused persons. The learned Trial Court, on perusal of the materials on record in paragraph no. 16 set out the salient features of the case and thereafter recorded the judgment of acquittal. One of the reasons assigned is that there was bona fide land dispute between the - 2 - parties. This Court does not find any patent illegality in the order. The application seeking leave stands dismissed. pkj ( Kishore K. Mandal, J )