IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35443 of 2008 BAMBAM MAHTO Son of Late Horil Mahto, resident of Village- Samsa, P.S.- Nawkothi, District- Begusarai Versus THE STATE OF BIHAR ----------- 2 19.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under section 307 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted on behalf of the petitioner that the petitioner is not the assailant and the specific allegation is against the co-accused Sunil Mahto, who is alleged to have fired which hit the informant. It is further submitted that allegedly the petitioner was only present there, and as a matter of fact, the present first information report has been lodged for ulterior purposes since there was dispute with regard to fixing of landmark over the land. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. 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 petitioner, - 2 - above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Bakhari P.S.Case No. 24 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)