IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25528 of 2009 RAM NARESH BHAGAT, son of Jaglal Bhagat, resident of village- Saidpur Dighwara, P.S. Dighwara, District- Saran …… Petitioner Versus THE STATE OF BIHAR …… Opp.Party ----------- 2. 05/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 302, 324, 323, 448, 504 and 34 of the Indian Penal Code. From the F.I.R. it is apparent that the allegation of assault on the deceased by bhala is on Rajesh Bhagat. There is no allegation in the F.I.R. that this petitioner had also caught hold of the deceased before the deceased was assaulted with bhala as wrongly noticed by learned Sessions Judge in his order. Allegation against petitioner is only to the extent that by a small knife he had assaulted informant’s uncle causing injury on his left index finger. Petitioner is in custody since 18.9.2008 and it appears that the occurrence took place due to some land dispute. Considering the above facts and circumstances, this application is allowed. Let petitioner Ram Naresh Bhagat be enlarged on bail on furnishing bail bond of Rs.10,000/- - 2 - (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran in Dighwara P.S.Case No.98 of 2008 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh,J.)