IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2042 of 2009 HARI SHANKAR PANDEY @ LALAN PANDEY, son of late Vishwanath Pandey resident of village- Tenua, P.S. Marahowrah, District- Saran (Chapra) Versus STATE OF BIHAR ----------- 2. 1.5.2009 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner prays for anticipatory bail in a case under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. Learned counsel for the petitioner submits that in the first information report the statement has been made that the two daughters of the petitioner came and handed over Lathi to the petitioner who thereafter assaulted the son of the informant by lathi, as a result of which he fell down. It is pointed out by learned counsel that the word ‘lathi’ has been penned through and above it the word ‘Farsa’ has been added which is clearly an after thought on further learning about the actual injury caused to the informant’s son and thus the first information report itself appears to be false and not on the basis of actual witnessing of the incident by the informant. It is submitted that in any case, if the first part of the F.I.R. is accepted that the two daughters of the petitioner had handed over a lathi to the petitioner, there would be no occasion for the petitioner to assault the son of the informant by Farsa and that also casts serious doubt upon the case of the petitioner. It is also pointed out that with respect to the same incident, the son of the petitioner had also filed an F.I.R., under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. It is submitted that the petitioner and the informant 2 are full brothers and the petitioner has been falsely implicated in this case since he is a Headmaster in a Government Primary School and, as a matter of fact, the petitioner was present in the school at the time of the occurrence. Learned counsel for the informant, on the other hand, refers to the fact that the son of the informant had received an injury by sharp cutting weapon on his skull and this, according to him, supports the stand in the first information report regarding the Farsa blow having been given to him. On a consideration of the facts and circumstances of the case, it is directed that the petitioner (Hari Shankar Pandey alias Lalan Pandey) in the event of his arrest or surrender in the Court below within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Marahowrah P.S. Case No. 211/2008, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. VPS ( Ramesh Kumar Datta,J.)