IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19332 of 2009 BIMAL CHOUDHARY Versus The STATE OF BIHAR ------ 2/ 09.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Innocence and false implication are emphasized due to enmity in between both the parties who are full brother and registering of the F.I.R. only on 03.03.2009 while the incident was took place on 8.02.2009. According to the learned counsel while petitioner’s case appeared for the incident just on 10.02.2009 then only petitioner is alleged for causing assault by means of lathi which is found fractured. Informant’s (victim) statement was recorded in an emergency ward on the same day and from there, it was forwarded for lodging a case. So, I find it not a fit case for anticipatory bail. Accordingly, the prayer of the petitioner is rejected. However, petitioner is directed to surrender before the Court below and pray for regular bail, which shall be decided on merit without being prejudiced by the rejection order. shail (Mandhata Singh,J.)