IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26307 OF 2009 JITENDRA SAH, SON OF TULSI SAH, RESIDENT OF VILLAGE SIRKHINDI, P.S. SUGAULI, DISTRICT EAST CHAMPARAN AT MOTIHARI VERSUS STATE OF BIHAR ----------- 2 12.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. Initially, this case was registered under Sections 341, 323, 324 and 307/34 of the Indian Penal Code. Later on, Section 302 of the I.P.C. has also been added on the death of the injured. As per the first information report, the allegation of assault by ‘bhala’ on the head of the deceased is upon accused Tulsi Sah. The F.I.R. shows that this petitioner has assaulted the informant with lathi on his leg only. Petitioner is in custody since 30.03.2009. It is also stated that occurrence happened due to land dispute. Considering the above facts and circumstances, this application is allowed. Let petitioner (Jitendra Sah) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial - 2 - Magistrate, Motihari in Sugauli P.S. Case No.110 of 2008 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)