IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24244 of 2008 RAM SOGARATH SADA Versus STATE OF BIHAR ----------- 2/ 10.07.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The case under Section 436 and some other Sections of Indian Penal Code and 27 of the Arms Act has been registered against 15 named accused persons. Motive of the occurrence was that the informant has grown wheat over the land of Ram Bahadu which was being forcibly harvested by the accused persons. Submission is that the allegation of order giver is against Shankar Das and the work is executed by Tiger Das. Petitioner’s name has been described to be member of the mob with no over acts. The firing was in the open field so Section 436 is not attracted rather the case comes under the purview of Section 435 of the Indian Penal Code. Considering the facts and circumstances of the case, the petitioner Sogarath Sada is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Allaulit (Morkahi) P.S. Case No. 50/2007. kksinha/ (Shyam Kishore Sharma, J.)