IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35162 of 2010 BINDESHWAR SAH @ BINDESHWARI SAO son of Late Ram Deo Sao. Versus STATE OF BIHAR . ----------- 2 06.10.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Nabinagar P.S. Case No.24 of 2009 for the offence punishable under Sections 307, 373, 374, 341, 380, 147, 148 and 149 of the Indian Penal Code. Allegation against the petitioner is of assaulting the brother of the informant. Learned counsel for the petitioner submits that the present case is a counter case to the case earlier instituted by the wife of the present petitioner being Nabinagar P.S. Case No. 160 of 2008 against the complainant and others registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. He submits that although the injured of the present case is said to have been discharged on 7.11.2008 but the complaint was instituted after - 2 - considerable delay on 2.12.2008. He further with reference to the photocopy of the injury report placed at Annexure-2, submits that the genuineness of the same also appears to be doubtful. He further submits that the petitioner is aged about 80 years and is physically not capable of the alleged offence Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner namely, Bindeshwar Sah @ Bindeshwari Sao be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 24 of 2009. Bibhash (Jyoti Saran, J.)