IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38835 of 2009 ASHUTOSH JHA, SON OF SRI SHUBH KANT JHA, RESIDENT OF VILLAGE-THERA, P.S. WARISALIGANJ, DISTRICT-NAWADAH…………………….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ---------- For the Petitioner : Mr. R.P.S. Singh, Advocate. For the State : Mr. Bipin Kumar, A.P.P. For the informant : Mr. M.A. Samshi, Advocate. ----------- 3. 10.12.2009. Heard learned counsel for the petitioner, the learned A.P.P. for the State and the learned counsel for the informant. The petitioner is an accused in a case registered under Sections 452, 341, 379 and 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the allegation of assault upon the husband of the informant is against the co-accused, Dinesh Pathak, Murari Pathak, Girdhari Pathak, Pintu Pathak and Bikku Pathak. The allegation against this petitioner is that he was the member of the unruly mob and showing fire arms was threatening them. It has also been submitted that the petitioner is in custody since 17.7.2009 and there is admitted land dispute between the parties. - 2 - Learned A.P.P. for the State submitted that the petitioner had also come alongwith the other co-accused persons, who had assaulted the husband of the informant due to which he died though there is no specific allegation against this petitioner of assaulting the deceased. Learned counsel for the informant submitted that the petitioner alongwith other co-accused persons had also come and dragged the husband of the informant and thereafter the co-accused Dinesh Pathak and others had assaulted them whereas the petitioner having armed with a country made pistol was giving threat to them. Having regard to the facts and the circumstances of the case, the petitioner, Ashutosh Jha, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawadah, in connection with Warisaliganj P.S. Case No.117 of 2009. P.S. (Dr. Ravi Ranjan,J)