IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8584 of 2009 NIRANJAN RAY @ NIRANJAN KUMAR ROY @ NIRO RAY , SON OF LATE RAMAWTAR RAY @ RAMAKANT RAY, RESIDENT OF VILLAGE NARKATIYA, P.S. BIHPUR, DISTRICT-BHAGALPUR………...PETITIONER. Versus THE STATE OF BIHAR………………………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Sunil Kumar Singh No.2, Advocate. For the State : Mr. Abhimanyu Sharma, A.P.P. ----------- 2. 30.4.2009. The petitioner, Niranjan Ray @ Niranjan Kumar Roy @ Niro Ray, one of the F.I.R. named accused is in custody in connection with Bihpur P.S. Case No.35 of 2003 registered under Sections 307, 379 and other allied Sections of the Penal Code on the allegation of he alongwith others having assaulted the informant with lathi, kulhari etc. The specific allegation against the petitioner is of having assaulted the informant on the head by means of a kulhari causing bleeding injuries. The impugned order of the Sessions Court dated 12.1.2009 passed in Bail Application No.395 of 2008 gives a description of the injuries found on the person of the informant, one of which is lacerated wound 1 ½” X 1/4” X skin deep on scull and injury no.2 is swelling on finger and in the opinion of the doctor injury no.1 is grievous and both the injuries are said to have been caused by hard and blunt substance. Apparently, there does not appear apparent correlation between the statement of the informant of having been assaulted on the head with kulhari causing bleeding injuries and the injuries recorded by the doctor. Even otherwise, a lacerated wound which is skin deep can never be a grievous injury - 2 - and the opinion of the doctor itself becomes questionable. However, be that as it may, the petitioner, Niranjan Ray @ Niranjan Kumar Roy @ Niro Ray, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, District-Bhagalpur, in connection with Bihpur P.S. Case No.35 of 2003. P.S. (Abhijit Sinha,J)