IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33899 of 2010 PRABHAT KUMAR GUPTA Versus STATE OF BIHAR ----------- 2 03.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. A counter affidavit has been filed on behalf of the informant. It would appear from F.I.R. that the petitioner had taken some money from the informant on credit and when the aforesaid money was demanded by the informant, the petitioner assaulted him with iron rods. Admittedly, the informant has received simple injury so the application of section 307 Indian Penal Code appears to be doubtful. So far as section 406 Indian Penal Code is concerned, even if it is assumed that the petitioner had taken some money from the informant on credit, then also the aforesaid fact does not constitute an offence u/S 406 of the Indian Penal Code. Rest sections are bailable in nature. Though in course of argument, learned counsel for the informant points out that the petitioner does have criminal antecedent but I am not at all convinced with the above submission because the present bail application is 2 being considered in respect of present case. Therefore, considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner, Prabhat Kumar Jha shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sikta P.S. Case No. 47 of 2010 to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)