IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37896 of 2011 Md. Maqsood @ Maqsood Versus The State Of Bihar ----------- 02/ 28.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 14.9.2011 in a case registered under section 307 and other minor sections of the IPC. Allegedly, petitioner gave sword blow on the head of the injured. Learned counsel for the petitioner drew my attention towards annexure 3 to this petition and submitted that as per annexure 3, the informant has received altogether seven injuries on his person and as per report of the doctor almost all the injuries except injury no.1 are found to be simple in nature said to be caused by hard and blunt substance. It is further contended by him that so far as injury no.1 is concerned, the said injury has been found lacerated wound on right side of forehead measuring 11/4 x ¼ in size and bone deep. The contention of learned counsel for the petitioner is that injury no.1 does not come under the definition of grievous given in section 320 of the IPC. So, the aforesaid injury also comes under the definition of simple injury. It is further contended by him that there is case and counter case between the parties and, as a matter of fact, a free fight had taken place between the above stated both the parties. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, - 2 - Md Maqsood @ Maqsood, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Azamnagar P.S. Case no. 52/2011. shahid (Hemant Kumar Srivastava,J)