IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9789 of 2008 BILAS SAH @ RAMBILAS SAH & ANR Versus STATE OF BIHAR ----------- 3. 04.09.2008 Heard learned counsel for the petitioner, State and the Informant who had filed Vakalatnama. Petitioner is an accused in a case registered for the offences under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. It is submitted that the petitioner Nos. 1 & 2 are own brother and Nephew; of the informant respectively. On account of the land dispute, the informant has lodged the present case alleging the above offences. It is further submitted that as stated in Paragraph-6 the party has already filed a Title Suit no. 77 of 2006 in the Civil Court and the same is pending. However, during the pendency, the informant on account of land dispute made assault on the petitioner no.1 in which earlier police case was lodged vide Dumara P.S. Case No. 273 of 2007 as contained in Annexure-3. It is further submitted that the alleged injury sustained by the informant or his wife does not make out the offence under Section 307 of the Indian Penal Code. Learned counsel for the State submits that - 2 - during investigation, the allegation against these petitioners has been substantiated by the witnesses. Although some of the injuries were found to be simple in nature, however, with regard to one injury sustained by wife of the informant could not be given by the doctor for want of X.Ray report. Having considered the submissions as noted above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Bilas Sah @ Rambilas Sah and Bhola @ Nawal Kumar 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, Sitamarhi in connection with Dumara P.S. Case No. 276 of 2007 corresponding to G.R. No. 2229 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)