IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38713 of 2008 ARVIND KUMAR SINGH @ ARVIND SINGH son of Indarjit Singh Resident of village- Topra Tola Pirapaitti, P.O.- Srimatpur P.S.- Pirpainti, District- Bhagalpur Versus STATE OF BIHAR ----------- 2 04.12.2008 Heard learned counsel for the petitioner and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under sections 342, 323, 307, 504, 379/34 of the Indian Penal Code. The allegation against the petitioner is that he intercepted the informant while he was coming from his motorcycle and assaulted him by Khanti & Lathi on which he fell down from the motorcycle and later the informant was dragged in a room and was assaulted. It has been submitted on behalf of the petitioner that the present case has been filed in retaliation of an earlier case filed by the co-accused Upendra Mandal and also a Sanha lodged by this petitioner. It is further submitted that neither the allegation levelled attract the offence under section 307 of the Indian Penal Code since there was no intention to kill nor the injuries sustained are serious, which are simple in nature. It is also submitted that there is no allegation constituting the offence under the SC/ST Act. Learned Addl. P.P. appearing for the State is - 2 - 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, 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, Bhagalpur, in connection with Pirpainti P.S. Case No. 225 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)