IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.945 of 2011 MUKTINATH GIRI, SON OF LATE RAM RATAN GIRI, RESIDENT OF VILLAGE-SARAIRANJAN, P.S. SARAIRANJAN, DISTRICT SAMASTIPUR). (WRONGLY MENTIONED IN FIR AS RESIDENT OF VILLAGE BATHUA BUZURG, P.S. MUSRIGHARARI, DISTRICT-SAMASTIPUR). …………………………………………………PETITIONER. Versus THE STATE OF BIHAR……………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Suraj Narain Prasad Sinha, Senior Advocate and Jitendra Narain Sinha, Advocate. For the State : Mr. Yogendra Kumar, A.P.P. ----------- 2 12.01.2011 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 427 and 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is a case and counter case for the same occurrence and the petitioner’s side has also sustained injuries. It appears from the First Information Report that the occurrence had taken place only to the dispute arising out of harvesting of 2 fruits by one Chanda Devi. Learned counsel submits that the petitioner has allegedly given a blow from spear upon Chanda Devi. However, the injury report shows that the injury was simple in nature and the size of the wound is 1/9” X 1/9”. Occurrence is said to have taken place in a spur of moment due to the quarrel between both sides. Having considered the facts and the circumstances of the case, let the petitioner, Muktinath Giri, in the event of his arrest or surrender by him within 30 days from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Musrigharari P.S. Case No.100 of 2010, subject to the condition laid down under Section 438(2) Cr.P.C. P.S./Sanjay-II ( Dr. Ravi Ranjan, J)