IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21848 of 2010 SURAJ KUMAR CHETRIYA @ KALU KUMAR CHETRI @ SURAJ CHHETRI Versus STATE OF BIHAR ----------- 2. 12.07.2010 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 341, 323 and 379/34 of the Indian Penal Code. It is alleged that the informant motor cycle got touched to the body of the petitioner as a result of which the informant was assaulted which caused fracture injury and informant’s Rs. 60,000/- was also snatched. It is submitted by learned counsel for the petitioner that the petitioner and the informant are neighbours and petitioner being a member of Jharkhand Armed Police came home on leave when hot words exchange took place. Moreover, the informant has got no injury and above all occurrence took place on 21.10.2009, whereas the F.I.R. has been lodged after seven days i.e., on 28.10.2009. Considering the delayed lodging of the F.I.R., both sides being neighbours and have fought for petty things, let the petitioner, namely, Suraj 2 Kumar Chetriya @ Kalu Kumar Chetri @ Suraj Chhetri, be released on provisional bail of six months in event of his arrest or surrender before the Court below within 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 318 of 2009. Learned Chief Judicial Magistrate, Katihar will issue notice to the informant and will verify whether the informant got fatal injury by assault or not and if he is convinced that the informant did not receive any fatal injury at the hands of the petitioner or have not received any injury in the alleged occurrence, then the provisional bail will be confirmed by the C.J.M., Katihar but if the C.J.M. will find that the grievous injury has been caused by the petitioner then the petitioner will surrender after expiry of the provisional bail and will seek regular bail. Anand Kr. (Dinesh Kumar Singh, J.)