Full Judgment
435. It is contended that the petitioner is the owner of the plot No. 436 and he was not cleaning any part of the plot No. 435, but he was cleaning the part of the plot No.
436. He has further submitted that the authority concerned has not made any measurement of the area of the plot numbers to verify whether the petitioner has actually cleaning the bush of the part of the plot No. 435, as the plot No.436, which belongs to the petitioner is adjacent to the plot No.
435. Learned counsel for the State has opposed but not disputed the aforesaid submissions made by the counsel for the petitioner and he has accepted that the petitioner is also having land adjacent to the plot No. 435 and it is not clear whether the petitioner was cleaning the part of his land i.e. plot No. 436 or part of the plot No.
435. Considering the facts and circumstances of this case, the petitioner, above named, is directed to surrender in the court below within a period of one month from the date of this order i.e. 01.09.2012. If he surrenders within the said period, the trial Court is directed to release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Latehar in connection with C.F. Case No. 7 of 2011, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the District concern and also subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Jaya Roy, J.) Satayendra