IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6210 of 2010 MANOJ PRAJAPATI son of Ramjee Prajapati Versus STATE OF BIHAR ----------- 2/ 09.04.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Section 341, 323, 324, 307/34 of the Indian Penal Code. The petitioner submits that the occurrence took place on the spur of moment and there was no repetition of blow. He further submits that the injury on head is simple in nature. He further submits that no case under Section 307 of the Indian Penal Code is made out and at best it is a case under Section 324 of the Indian Penal Code. In my view, this is not an appropriate case in which discretion under Section 438 of the Cr.P.C be exercised in favour of petitioner. Thus, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, if petitioner surrenders before the court below (Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohaniya P.S. case no. 216 of 2009) it will be open to him to raise all these points before the learned Magistrate, who will dispose of the bail application without being prejudiced by this order. Uday/ (Samarendra Pratap Singh, J.)