IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40821 of 2009 CHANDRA NAND MANDAL son of Chanand Mandal Resident of village Pathraha, P.S. Narpatganj, Dist. Araria…Petitoner. Versus THE STATE OF BIHAR ----------- 2 1.12.2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. Though Narpatganj P.S. case No. 166 of 2001 was registered under section sections of the Indian Penal Code including 302, 323, 326 read with Arms Act but the charge sheet against the petitioner came to be filed only on 29.10.2009 as the investigation in the matter continued for may years. Submission of the counsel is that he was only a member of the unlawful assembly and had assembled to prevent the mischief monger from taking possession of the land belonging to the petitioner. There is nothing overt act assigned to him and keeping the fact that the petitioner has surrendered to the majesty of law prayer for bail should be considered. The submission made by the petitioner in this regard borne out of the record is that the petitioner has no history of crime behind murder and he has probably assembled to defend his own property and interest in which he has been made accused. Considering the above material and allegation, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Araria in the above noted case. Both the sureties will be executed by the close relative of the petitioner. The petitioner will cooperate in the trial - 2 - by appearing himself or through his counsel on each and every date fixed in the case . (Ajay Kumar Tripathi, J) M.Rahman