IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1530 of 2010 KUNDAN SHARMA son of Bandhu Sharma, resident of vill.-Sitanabad, P.S.-Simri Bakhtiyarpur, District-Saharsa---------Petitioner. Versus THE STATE OF BIHAR ----------- 2. 15.2.2010 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that land dispute is there in between the parties for differences. They are at litigating term also. A case was earlier filed on behalf of the petitioner party against the informant party and the same is pending in the court at the stage of evidence. To make pressure in that case only this case is lodged making allegation under sections 307 and 379 of the Indian Penal Code and section 3(1)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act also but injuries do not justify constituting any evidence under section 307 of the Indian Penal Code as the same are caused by lathi inflicting simple injuries only. Section 379 of the Indian Penal Code is a super-addition and two of the co- accused, namely, Shambhu Sharma and Bindu Sharma have been alleged abusing in the name of petitioner’s caste which also not to humiliate rather under a direction to cause assault and parties have compromised also. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall 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 - 2 - of the Chief Judicial Magistrate, Saharsa, in connection with Bakhtiyarpur P.S. case no.46 of 2009 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )