IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.594 of 2011 1. Satish Chandra Sharma, Son of Late Basudeo Sharma. 2. Santosh Kumar alias Santosh Sharma, son of Satish Chandra Sharma. Both are residents of Village- Gursar, P.S. Ghoshi, District- Jehanabad.............................Petitioners. Versus THE STATE OF BIHAR...........................Opposite Party. ----------- 2. 02.02.2011. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 337, 307, 504/34 of the Indian Penal Code. It is alleged against Raja Sharma and Santosh Kumar(petitioner no.2) to have assaulted on the head of son of informant whereas it is alleged against Satish Chandra Sharma, (petitioner no.1), Kusum Devi and Renu Devi to have assaulted the informant’s son subsequently. The injury report suggests three injuries of which injury no.1 is lacerated and cut injury on the scalp whereas injury no.2 appears to have with the impact of injury no.1 and injury no.3 is diffuse swelling. Since the petitioner No.2, namely, Santosh Kumar alias Santosh Sharma alongwith one 2 accused Raja Sharma alleged to have caused injury no.1. Learned counsel for petitioners seeks permission to withdraw the anticipatory bail application on behalf of petitioner no.2 with liberty to move before the learned court below. Permission is accorded. If the petitioner no. 2, namey, Santosh Kumar alias Santosh Sharma surrenders before the learned court below and prays for regular bail then the learned court below may consider the regular bail on behalf of petitioner no.2 considering the nature of injury. So far as petitioner no.1, Satish Chandra Sharma, is concerned, it appears that he assaulted the informant’s son alongwith two others whereas injury no.3 is only diffuse swelling. Considering the nature of injury caused by petitioner no.1 and the fact that there is case and counter case, let the petitioner no.1, namely, Satish Chandra Sharma, be released on bail on his surrender before the learned court below within a period of twelve weeks from today in connection with Ghoshi P.S. Case No.193 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount 3 each to the satisfaction of the learned C.J.M. Jehanabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J.)