IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18034 of 2011 DAROGA SAH & ORS. Versus THE STATE OF BIHAR ----------- 2/ 13.6.2011 Heard. The petitioners have prayed for anticipatory bail in Bairiya P.S. Case no. 8 of 2011 in which they are named as accused in FIR. There is specific allegation against the petitioners Umakant Sah and Daroga Sah of assaulting the son of the informant as also his nephew. The contention is that the injuries recorded by the doctor on above named two injured were found simple in nature. The contention further is that petitioner Umakant Sah has also lodged a case alleging that he was a government employee, who was entrusted to enlist the electorates fit to be enlisted and he was pressured by the informant and others to include the names of some persons who were not eligible and on that account he was also assaulted. The counter version is contained in Bairiya P.S. Case no. 9 of 2011. While dismissing the prayer of the petitioners for anticipatory bail, the Sessions Judge directed them to surrender in three weeks time and to make prayer for bail which was to be considered by the court below without being prejudiced by the order of the Sessions Judge. This court does not see any reason as to why the same 2 direction should not be issued to the petitioners with further direction to the court below that it should have the records of both Bairiya P.S. Case nos. 8 of 2011 and 9 of 2011 and consider the individual allegation in the light of the resultant injuries which have been found simple and should further consider that the contention was consistently up to this court that it could never be a case under section 307 IPC. The court below is pointed out to further consider the individual allegations in tandem with the defence of the accused with further materials, like, the injury report and if they make out a case which may not be falling under the sections of the offences under which the FIR could be registered, then it could be a fit case in which the court below must exercise its jurisdiction of granting bail to the accused persons. With the above observation/direction, this application stands disposed of. Anil/ ( Dharnidhar Jha, J.)