IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11114 of 2010 BAIJU SINGH,s/o late Krita Singh,r/o Raitola Shambhuchak,P.S.-Kalyanpur,Distt.-East Champaran. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 26-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Kallyanpur P.S. Case No.100/2006 dated 14-10-2006, corresponding to Tr.No.2788 of 2007, registered under Section 307/34 of the Indian Penal Code and for some other bailable offences. According to prosecution case, petitioner is alleged to have assaulted the informant by Farsa on his head, and his son co- accused Sanjay Singh is alleged to have assaulted by an iron rod on his shoulder. By referring to injury report (Annexure-2), it is submitted that no corresponding injury was found on the person of the informant and all the injuries have been opined to be simple in nature caused by hard and blunt substance. By referring to Annexure-3, it is further submitted that on close of investigation, the police submitted charge sheet only under Sections 341, 323, 504/34 of the Penal Code, but the learned Magistrate disagreed with the police report and has taken cognizance against the petitioner under Section 307/34 of the Penal Code besides other offences. Learned counsel for the State, though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid 2 position. Be that as it may, in view of the fact that the offence under Section 307 of the Penal Code was not found to be true during course of investigation, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)