IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.477 of 2011 SANTOSH YADAV Versus THE STATE OF BIHAR ----------- 02/ 04.02.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Puraini P.S. Case no.81/2010 initially, registered under sections 341, 323, 308,504 of the IPC but subsequently, section 307 of the IPC was added in place of section 308 of the IPC by the order of the CJM. It would appear from the record that on 16.8.2010 informant gave written report to concerned police station leveling allegation against petitioner that he alone assaulted his brother with lathi. Subsequently, statement of injured Nand Lal Sharma was recorded in hospital on 24.8.2010 and in the said statement, he stated that petitioner along with two other accused persons badly assaulted him with lathi. Photo stat copy of the injury report which is annexure 3 series reveals that injured has received altogether seven injures, out of them six injuries were found simple in nature and only one injury on the mandible was found grievous in nature. In view of the specific statement of injured that three persons had assaulted him, it is very difficult to say as to who is author of the aforesaid grievous injury. Considering the facts and circumstances of the case as well as submissions of the parties, petitioner, Santosh Yadav is directed to be released on bail in connection with Puraini P.S. Case no. 81 of 2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura. shahid (Hemant Kumar Srivastava,J)