IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.647 of 2009 SATYENDRA YADAV, son of Late Kishun Yadav, resident of village Kashi Bigha, P.S. Nardiganj, District - Nawada Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Shakeel Ahmad Khan, Sr. Advocate For the State : Mr. D. Mehta, APP For the Informant : Mr. Amresh Kumar Sinha, Advocate ----------------- 2/ 09.02.2009 Heard. The allegation is that the petitioner gave a blow on the head of the informant with an instrument which has been pointed out to this court as another form of spade. The injury was reported by the doctor who originally attended upon injured, as 3 ½” x 4” muscle deep but the doctor referred the patient to Sadar hospital, Nawada. Learned counsel for the petitioner has produced before me the radiological report of PMCH where the man was probably referred to and that indicates fractures of both parietal bone, fracture of frontal bone, hyperdense lesion in left parietal lobe and mixed density lesion in right fronto parietal lobe. Learned senior counsel for the petitioner attempted to create circumstances which could mitigate the act of the petitioner and in that course, it was pointed out that there was a land dispute between the agnates and while the act of uprooting the paddy crop was being done by the informant, the act is complained of. It would be very difficult for this court now to ascertain as to which party was the aggressor and that could be falling for the appreciation of the trial court. - 2 - Considering the nature and magnitude of the act that is fully reflected by the injury and the internal damage, I am not inclined to direct petitioner’s release on bail. Petition is dismissed. However, as soon as the charges are framed in the case, the petitioner would be renewing his prayer for bail in the court below, which would be considered without being prejudiced by the order of this court. Anil/ (Dharnidhar Jha, J.)