IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17006 of 2009 SHIVAJI SINGH Versus STATE OF BIHAR ----------- 02/ 18.05.2009 Heard Sri Anant Kumar Pandey, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case was initially registered under all bailable sections of the IPC except 379, but subsequently the police added section 307 of the Penal Code. The allegation is directly made against the petitioner that he put down Chhote Prasad on ground and dealt a Chhura blow around his waist. The injury report as per the petitioner and also as per the discussions made by the court below was 4”x 2” on the abdomen of the informant. By referring Annexure-2 the petitioner has taken a plea of previous enmity both on criminal and civil side and the petitioner lives in Delhi and is a person of literally achievement. The next contention was that other accused persons have been admitted to bail by the court below itself. Considering the site of the injury and the dimension as discussed in the rejection order, I am not inclined to direct the release of the petitioner on anticipatory bail. The - 2 - petition is dismissed. However, I direct the court below not to be influenced by the findings recorded herein and consider the prayer of the petitioner for bail independently in the background of enmity both on criminal and civil side without being prejudiced by the present order. DKS/ (Dharnidhar Jha, J.)