IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25077 of 2008 ARUN MISTRI Versus STATE OF BIHAR ----------- 2/ 18.07.2008 Learned Counsel for the petitioner is permitted to make necessary correction in para-16 of his petition. Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Allegation against the petitioner is that he has assaulted upon the head of the informant, as a result of which he has sustained injuries. The assault was on account of the fact that there was quarrel between two family members in connection with plucking of guava. Submission is that though injury was found to be dangerous but there was no repetition of blows. The petitioner has surrendered and he is in custody since 05.01.2008. There was no intervening circumstance and no repetition. So, Section 307 of the Indian Penal Code is not made out. The occurrence is of 27.11.2007 but it has been reported on 29.11.2007 there is no explanation of the delay. Considering the facts and circumstances of the case, the petitioner Arun Mistri is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 153/2007/G.R. No. 2699/2007. kksinha/ (Shyam Kishore Sharma, J.)