IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37803 of 2008 JIT LAL PRASAD son of Late Munsi Bhagat Resident of village- Shitalpur P.S.- Chakiya, District- East Champaran Versus STATE OF BIHAR ----------- 2 04.12.2008 Heard learned counsel for the petitioner and Mr. R.P.S. Singh appearing for the State. The offence alleged is under sections 147, 148, 149, 323, 324 & 302 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the only allegation against him is that he was the order giver on his order the other accused persons assaulted the informant as also his father and uncle. In the said assault the father of the informant eventually died. It is further submitted that the parties were on inimical terms from before and the informant side were also committing assault on the petitioner which would be evident on perusal of the first information reports lodged against him vide Annexures-2 & 3 to the petition. It is further submitted that there is no specific allegation against any of the accused persons that the father of the informant died on account of the assault of any particular accused. Learned Addl. P.P. appearing for the State submits that the petitioner is named accused and he was - 2 - the order giver. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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, Motihari in connection with Chakiya P.S.Case No. 54 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)