IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20019 of 2009 SURESH MAHTO, Son of Sri Charan Mahto, village Desari Chandan Tola, PS Bibhutipur, District Samastipur – Petitioner. Versus STATE OF BIHAR ----------- 2 17.9.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under sections 395/397 of the Penal Code. The petitioner had instituted a case on 9.3.2009 making allegations against Ram Nandan, Arjun Mahto and one Zalim Mahto. The present case has been instituted on 13.3.2009 for an occurrence which took place on 8.3.2009 by the henchmen of the accused persons in the case instituted by the petitioner. It is alleged that the petitioner along with some unknown persons assaulted informant Barun Mahto. The case diary does not indicate that there is any injury report to support the explanation given by the informant that he had lodged the case after a delay of five days. Further, learned counsel submits that the manner of occurrence as alleged by the informant is supported by different witnesses in paragraphs 7, 9 and 16 of the case diary Be that as it may, the petitioner is directed to be released on bail in connection with Bibhutipur PS Case No. 74 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur. haque (Sheema Ali Khan, J.)