IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47401 of 2008 1.SHIVLAL SOREN @ SHIBLAL SOREN S/O-Late Budhu Soren, R/O-Vill-Basatia, Tola-Khairakada, P.S.-Chandramandhi, Distt.-Jamui. 2.GHUTTA SOREN S/O-Late Barku Soren 3.JIBA SOREN S/O-Late Ghorkha Soren Both are R/O-Vill-Basatra, Tola-Baradih, P.S.-Chandramandhi, Distt.-Jamui. …………………………………………..Petitioners. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 4/ 02.04.2009 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. The petitioners are in custody since 04.08.2008 in a case which has been registered under Sections 302, 307 and some other Sections of the Indian Penal Code. Altogether nine persons are named as accused. Allegation against the petitioner Shivlal Soren @ Shiblal Soren is of causing arrow injury upon the chest of Bodhi Yadav. Dhutha Soren has also caused injury on the right side abdomen. Submission is that on 01.08.2008 there was free fight between the side of the informant and the petitioners. The petitioners have tried to kill the informant and for that the case was lodged under Section 307 and some other Sections of the Indian Penal Code on that very date. The present case is lodged after two days of the occurrence. There is no explanation of the delay. Further submission is that there is bona fide land - 2 - dispute. The informant’s name was initially mutated but the order was reverted by the A.D.M. in revision. Against that a Title Suit has been preferred by the informant. The informant and his men were aggressors. The case at best comes under Section 304 (2) of the Indian Penal Code. Considering the facts and circumstances of the case, let the above named petitioners be released from custody on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Chandramandih P.S. Case No. 63 of 2008. kksinha/ (Shyam Kishore Sharma, J.)