IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45426 of 2008 Ravi Bhushan Sah @ Dilip Sah s/o Girishwar Sah R/o vill. Singhia, Makandpur, P.S. Gopalpur Dist. Bhagalpur ------- Petitioner Versus 1. The State of Bihar 2. Manoj Bhagat, S/o Mahendra Sah R/o of vill. Harnath Chak, P.S.Gopalpur, Dist. Bhagalpur. ---- Opp.Parties. ----------- 02 07.07.2010 Heard both sides. Petitioner, who is informant of Gopalpur P.S.Case no. 273 of 2007, instituted under diverse Sections of the Penal Code including Section 307 of the Penal Code, questions the legality of the order dated 25.08.2008, passed by learned Additional District Judge 3rd, Naugachia in B.A. No. 182 of 2008 ( Manoj Bhagat vs. State of Bihar), whereby opposite party no.2 has been privileged with bail. In the F.I.R. there appears to be an allegation of assault against co-accused Ashok Bhagat, and the present opposite party no.2. Learned counsel for the petitioner states that the claim of alibi was made for the first time by the petitioner. Such claim at this stage cannot be entertained. There is no dispute that Ashok Bhagat has already been released on bail. Learned court below has assigned diverse reasons for granting bail to the opposite party no.2. Two of the reasons are that co-accused, namely Ashok Bhagat, having allegations of assault by means of fire arm, has already been privileged with bail by learned Sessions Judge. The second reason is that materials on record do reflect that petitioner 2 and the opposite parties were involved in land dispute from before. This Court is, therefore, not inclined to interfere with the order. The application is dismissed. Sym ( Kishore K. Mandal, J.)