IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35995 of 2009 MINTU SINGH son of Ashok Singh, resident of Village-Maheshkhunt, Station Road, P.S. Maheshkhunt, District-Khagaria. Versus STATE OF BIHAR ----------- 2 29/10/2009 Heard counsel for the petitioner and counsel for the State. The allegations made in the First Information Report of indiscriminate assault on the person of the Informant’s brother gets fully substantiated from the injury report quoted in the order of the learned Sessions Judge rejecting bail application of the petitioner. Such injuries are not only grievous in nature but even could have led to death of the injured brother of the informant and therefore it cannot be said that the offence under section 307 of the Indian Penal Code is not made out against the petitioner. Counsel for the petitioner has taken a plea that the actual version of the occurrence is one in which Abdulbari, a co- accused has narrated the assault on his person and also on the petitioner. Counsel, however, has not referred to any statement made in the bail application about any such injury sustained by the petitioner and therefore when it is also found that such counter case has been filed after almost 18 to 20 hours of the occurrence as per the F.I.R. (Annexure-2), this Court must proceed that initial allegation made against the petitioner in the F.I.R, filed at earlier point of time, has more probability of its being correct specially when the corresponding injury was found by the doctor preparing 2 injury report of the brother of the petitioner well before the institution of counter case. Counsel for the petitioner is also not in a position to say anything about criminal antecedent and in fact no statement to that effect has been made in this bail application. Considering all these aspects, this Court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected for the present. He may however renew his prayer for bail after completing one more year of his judicial custody. Abhay Kumar (Mihir Kumar Jha, J.)