IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18215 of 2011 SUBHASH CHANDRA AND ORS. Versus THE STATE OF BIHAR with Cr.Misc. No.18228 of 2011 BADRINATH CHAUDHARY @ BADRINATH Versus THE STATE OF BIHAR ----------- 02. 13.06.2011. After having heard Sri S.N.P.Sinha, learned senior counsel appearing for the petitioners and also Sri Parmeshwar Mehta, learned A.P.P. for the State what this court finds and feels is that the learned Sessions Judge was being very modest in noticing the allegations which were generally against all the accused and was further being very forthright in pointing out that there was a counter version also which was brought forward by instituting a case by petitioner Ved Prakash. He was also noticing the injuries on the persons of some of the injured, the copies of which have also been enclosed as Annexures to the present set of two petitions. The injuries reported by the doctor were simple in nature and as such the learned Sessions Judge was directing the petitioners to surrender in the court below and pray for regular bail. What this court points out to the court 2 below is that in the circumstance and background which has been pointed out by the learned Sessions Judge in his order, there could not be a better case than the present one to exercise the discretionary powers by a Magistrate, specially that by the C.J.M., to direct the release of accused in situations like the present one where there could be case and counter case and there could be injuries which could be simple in nature. Number of injuries may some time have relevance but that relevancy also loses its significance when the injuries appear simple in nature. The court below is directed to consider the prayer for bail of the petitioners, as and when they surrender without being prejudiced by the orders passed either by the Sessions Judge or by this Court and by considering that the injuries were found simple and further considering that there was a counter version to the present version also. With these observations these two petitions stands disposed of. B.Kr. ( Dharnidhar Jha,J.)