IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1909 of 2010 1. SHASHI KANT CHAUDHARY 2. Amit Kumar Choudhary, both sons of Kailash Choudhary, resident of village Kanhauli, P.S. Manigachhi, District Darbhanga 3. Lalu Sahni, son of Sanjeet Mukhiya, resident of village Balni, P.S. Bahera, District Darbhanga Versus STATE OF BIHAR ----------- 2. 22.2.2010 Heard learned counsel for the petitioners and the counsel for the State. The fact that an occurrence having two versions by way of case and counter case both for offence u/s 307 I.P.C. would in itself be an admission of presence of both the parties and as such which of the two cases is false and who all in the process has been falsely implicated is a matter of trial but at the moment on that ground alone the petitioners cannot get privilege of anticipatory bail. That being so, this application is dismissed with an observation that the court below without being prejudiced by this order will consider the prayer for regular bail of the petitioner in proper perspective. The court below while doing is also expected to look into the nature of injury on both the 2 sides while considering such prayer for regular bail of the petitioner specially when there is also an allegation that the assault had taken place by way of free fight in which an attempt was made to do away with the life of the informant of this case and some other persons in the side of the petitioner. (Mihir Kumar Jha,J.) Surendra/