IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32407 of 2008 KANHAIYA SINGH @ KANHAIYA PRASAD SINGH & ANR Versus STATE OF BIHAR ----------- 2. 16.9.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Shambhuganj P.S. Case No.53 of 2008 for the alleged offences registered under sections 379, 384, 428, 447 and 504/34 of the Indian Penal Code. The allegation against the petitioners is that they threw some poisonous substance in the pond in question which resulted in the killing of the fishes. It is submitted on behalf of the petitioners that the present F.I.R. has been lodged for ulterior purposes. Petitioner no.1 is himself a settlee of the said pond and is fishing in the pond as would be appearing from the lease, as contained in Annexure 3 series. It is further submitted that on account of previous enmity with regard to the dispute of co-operative, petitioner no.1 had filed a complaint much prior to the filing of the present complaint, as contained in Annexure 2. 2 Considering the above, it is directed that petitioners no.1 Kanhaiya Singh @ Kanhaiya Prasad Singh and petitioner no.2 Rana Singh @ Rana Pratap Singh, in the event of their arrest or surrender in connection with Shambhuganj P.S. Case No.53 of 2008, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)