IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34533 of 2010 MD.ROZA @ MD.ROZA SAH & ORS Versus STATE OF BIHAR with Cr.Misc. No.31504 of 2010 NASIRUDDIN SAH Versus STTAE OF BIHAR ----------- 04/ 07.12.2010 Above stated criminal miscellaneous cases have arisen out of Sahebganj P.S. Case no. 77/2010 registered under section 307 and other minor sections of the IPC and accordingly, both the above stated cases are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. Allegedly, petitioner in Cr. Misc.no.31504/2010 gave dagger blow on the right chest of informant as a result of which informant having sustained injures fell down on the earth. Thereafter petitioner no.2 in Cr. Misc.no.34533/2010 gave dagger blow on abdomen of the informant and petitioner no.1 of above stated Cr. Misc.no.34533/2010 gave dagger blow on the chest of Md Seraj Sah. Similarly, petitioner no.3 namely, Md Shaukat @ Md Shaukat Sah of Cr. Misc.no.34533/2010 gave one lathi blow on the head of the aforesaid injured Siraj Sah and Gulam Rashul as well as co-accused Md Muharam assaulted informant and aforesaid Seraj Sah with lathi and danta. Annexure 2 series are injury reports of injured persons. It would appear from perusal of the aforesaid injury reports that injured Abdul Hamid and injured Md Meeraj have received grievous injuries - 2 - said to be caused by sharp cutting weapons. So far as injured Md Siraj is concerned, he has also received grievous injury but it is surprising enough that all the aforesaid injured have received several injuries but the doctor has not opined as to which injuries are grievous in nature rather he has given a general finding in respect of all the aforesaid injuries. Furthermore, I find that the doctor concerned has not even taken pain to measure the width and length of the aforesaid injuries. So, it is very difficult to say as to whether the aforesaid injuries are grievous in nature or not. Moreover, against all the petitioners, there is only allegation that they gave single blow to the injured persons and there is no allegation of repetition of blow. Petitioners are languishing in jail custody since long and the aforesaid occurrence took place on account of petty dispute. In the aforesaid circumstances, petitioners (Md Roza @ Md Roza Sah, Md Israfil Sah, Md Shaukat @ Md Shaukat Sah, Md Gulam Rashul and Nasiruddin Sah) are directed to be released on bail in connection with Sahebganj P.S. Case no. 77 of 2010 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the SDJM West, Muzaffarpur. shahid (Hemant Kumar Srivastava,J)