IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44312 of 2009 KUNDAL @ YADAV @ INDAL YADAV @ KUNDAL YADAV SON OF SHIVNANDAN YADAV RESIDENT OF VILLAGE KHAIRA,P.S.AKBARPUR,DISTT.NAWADAH Versus STATE OF BIHAR For the petitioner : Mr.Anil Kumar No.1 For the State : Mr.Addl.P.P. ----------- 02/ 11.12.2009 Heard learned counsel for the parties. The petitioner is one of the named accused of a case which has been registered for offences under Sections 307,379 and some other Sections of the Indian Penal Code. Altogether five persons are named accused. The allegation against the petitioner is of giving a blow of iron rod on the head of the informant’s brother Sunil Yadav. Submission is that there were no intervening circumstances, so section 307 of the Indian Penal Code is not made out. Injury upon Sunil Yadav was found to be simple in nature but subsequently after perusal of C.T.Scan, opinion was changed and the injury was mentioned to be grievous in nature. Further submission is that present case is the counter blast of Akbarpur P.S.Case No. 107 of 2009 which was instituted earlier to the present case with regard to payment of royalty of sand. Considering the facts and circumstances of the case, let the above named petitioner 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 learned Chief Judicial Magistrate, Nawadah in Akbarpur P.S.Case No. 108 of 2009. Tahir/- ( Shyam Kishore Sharma, J.)