IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36378 of 2009 MD.SHAMIM son of late Md. Kalim, resident of village Khatopur, P.S. Muffasil, District Begusarai… ..Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Shubhash Pandey, Advocate For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 29.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 341, 323, 448, 380 and 504/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that though in the first information report, there is an allegation of assaulting the informant as well as one Md. Mustakim by sword and “Khanti” causing injury. However, accused Md. Mustakim and other co-accused persons have been granted bail by the learned Sessions Judge, Begusarai vide order dated 13.08.2009 in B.P. No. 1348 of 2009, but the bail application of this petitioner has been rejected. It is further submitted that initially the informant was examined by one Dr. Gopal Mishra of a Government Hospital, who found the injuries to be simple and caused by hard blunt substance. However, subsequently, it has come that the 2 informant was again examined by some doctor of a private clinic, who found the injuries to be grievous one, which raises question mark upon the prosecution case. In the facts and circumstances of the case, I direct the petitioner, Md. Shamim, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Muffasil P.S. Case No. 167/2009. SC ( Dr. Ravi Ranjan, J.)